HARIRAM Vs. SATISH PANDEY

JUDGEMENT

(1.) A short question raised for consideration is as to what is the scope of enquiry u/S. 202(1) of the Code of Criminal Procedure and on what materials, the Magistrate has to base his order for dismissal of complaint u/S. 203 Cr. P. C.?

(2.) The brief facts are that the petitioner herein filed a criminal complaint under Section 436/341. P. C. against the respondents in the Court of Judicial Magistrate First Class, Mungeli, Distt. Bilaspur. This complaint was filed on 20/11/2004. The allegations in the complaint are that on 11/4/2004 at about 3 p.m., all the accused persons (respondents herein), in furtherance of their common intention, came to the Bad! of the complainant and caused mischief by putting fire to the straw of paddy (Puwal) of the complainant, thereby causing damage to the said property. The further allegations are that a portion of verandah was also burnt due to the said act. In support of the aforesaid complaint case, the complainant examined himself as witness No. 1 and thereafter he examined three more witnesses namely Nanu Prasad Kashyap, witness No.2, Kunti Bai, .witness No.3 and Bhagwat, witness No.4. Out of these 4 witnesses, Kunti Bai was examined as an eye-witness, who deposed that she saw the respondents putting fire to the said straw of the complaint.

(3.) The learned Magistrate also called for a report from the concerned Police Station. The police report was submitted on 3-12-2004. In the police report, it is stated that on the first informatipn report lodged by the complainant, Crime No. 70/2004 was registered u/S. 436/34 of the I. P. C. and was taken into investigation. During the course of investigation, the stattements of Pekulal Kashyap,. Amavat Kashyap, Smt. Kunti Bai (witness No.3), Sitaram Kashyap and Smt. Bedia Bai etc. were recorded and since nobody came forward to depose that the mischief was caused by the proposed accused persons, therefore, a final report was attached to the F. I. R. It is also mentioned in the police report that none of the witnesses Stated that they had seen the accused persons putting the said straw (Puwal) on fire.