UDEY BIR SINGH Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) This petition is in consequence of a recommendation made by Shri S. C. Chaturvedi.Addl. Sessions Judge. Delhi in exercise of the power given by section 438 of the Criminal Procedure Code, hereafter called the Code,'

(2.) The petitioner frled a complaint dated the 20th May, 1972. against six persons. After having recorded the statements of the complainant and the witnesses produced by him the trial court purporting to act under sections 203/204 of the Code passed the following order on the 6th of June, 1972 :- "Complainant present in person with counsel. After hearing the counsel for the complainant and also after taking into consideration the evidence adduced by him at this stage. I am of the opinion that there are sufficient grounds to proceed against Smi. Snakuntla, Mangander Singh and Bodh Raj under section 498 read with 34 lPC Accordingly these three accused persons be summoned for the next date on payment of P.F.C. fixed for appearance on 7th July, 1972" Section 20 of the Code and section 204 (I 1 therein, are :- "S. 203. The Magistrate before whom a complaint is made or to whom it has been transferred, may dismiss the Compkaunt if, after considering the statement on oath (if any) of the complainant and the witnesses and the result of the investigation or inquiry (if' any) under section 202, there is in his judgment no sutficient ground for proceeding. In such case he shall briefly record his reasons for so doing, S. 204 (1). If in the opinion of a Magistrate taking cogaizance of an offence there is sufficient ground for proceeding and the case appears to be one in which according to the fourth column of the second schedule, a summons should issue in the first instance he shall issue his summons for the attendance of the accused. If the case appears to be one in which, according to to that column, a warrant should issue in the first instance, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain tims before sush Magistrate or (if tie has not jurisdiction himself) some other Magistrate having jurisdiction."

(3.) Whenever Mag istrate after considering the statement on oath, I if any, of the complainant and the statements of his witnesses and the result of investigation or inquiry, if any, made under section 202 of the Code finds that there is in his judgment no sufficient ground for proceeding with the complaint'he can dismiss the same but the imperative requirment is that he Shall briefly record his reasons for doing 80.