CHANAN LAL Vs. STATE

JUDGEMENT

(1.) The facts leading to the revision petition brieffy are as follows :- Before Shri K. K. Chowdhury, Judicial Magistrate Ist Class, Delhi, Madan Lal gave a complaint against Chanan Lal and Ved Parkash (Petitioners) on 14-9-71 alleging the commission of offences punishable under Section 323/504 Indian Penal Code . The police had already filed a challan in May, 1971, against yet another Chanan Lal, nephew of Mohan Lal (complainant). There was also a private complaint filed by Sohan Lal, uncle of Chanan Lal (Petitioner) against Mohan Lal (complainant) and two others under Section 323 I. P. C. All these complaints are said to relate to the same occurrence, which happened on 28th of March, 1971.

(2.) Shri B. N. Chaturvedi took cognizance of the complaint and examined the complainant besides four others witnesses under Section 202 Cr.P.C. The last of them was examined on 15-2-72. Subsequently it was posted on various dates for arguments and for orders; it was finally posted by Shri B. N. Chaturvedi to 11 -5-78. Shri B. N. Chaturvedi had not directed the issue of process. On 11-5-1972 the successor Magistrate (Shri M. S. Rohilla) directed the issue of process to the accused; the order sheet reads as follows:

(3.) On the ground that under Section 204 of the Cr.P.C. it is only a Magistrate who takes cognizance of the complaint who can issue the process to the accused but not a succeeding Magistrate who has not himself taken the cognizance and recorded the sworn statement of the complainant and/or of the witnesses of the complainant.