MATHEW ABRAHAM Vs. V GOPALAKRISHNAN

JUDGEMENT

(1.) When does a Criminal Court have the obligation to "briefly record its reasons" for dismissing a complaint under Section 203 Cr.P.C. Does that obligation exist only when the complaint as such in its entirety, against all accused and in respect of all offences, is dismissed Will the expression "in each case" in Section 203 Cr. P. C. take in a case when the complaint is not dismissed as such, but is dismissed as against some accused or insofar as it relates to some offences These are the questions to be considered in this revision petition.

(2.) To the vital and crucial facts first. Shorn of unnecessary details and avoiding reference to various steps and proceedings taken so far, the facts can be summarised thus : The complaint, a Surgeon, filed a complaint before the Magistrate raising an allegation that the first respondent, a Police Officer, had committed offences punishable, inter alia, under Sections 307 and 326 I. P. C. against him. Detailed enquiry under Section 202 Cr. P. C. was conducted and ultimately, the learned Magistrate passed the impugned order dated 7-4-2007, which reads as follows :

(3.) The petitioner/complainant has come to this Court with this revision petition. He laments that the impugned order is not a speaking order at all. His grievance is that the order does not reveal to him whether the learned Magistrate has considered the allegations and materials placed before him to decide whether there is sufficient grounds for proceeding under Sections 326 and 307 I. P. C. in the matter. Have the allegations been considered Have the materials been adverted to by the learned Magistrate before passing the order What circumstances, if any, weighed with the Magistrate to come to the conclusion that there is no need to proceed against the accused for the offences punishable under Sections 307 and 326 I.P.C. Is it a case of omission by the learned Magistrate to consider that, aspect Is it a case where the Magistrate came to a conclusion that the proceedings for those offences need not continue Inasmuch as the impugned order lacks details, the same is liable to be set aside and the matter deserves to be sent back to the learned Magistrate to pass an appropriate reasoned order, argued counsel.