BADRUDDIN MOHMAD ALI VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The learned Additional Sessions Judge Mehsana by this Reference recommends that the order passed by the learned Judicial Magistrate First Class Mehsana on the complaint filed by one Badruddin Mohmad Ali Vohra on 30-3-1972 may be set aside and he may be directed to proceed with the complaint according to law.

(2.) According to the above complaint three accused persons illegally entered the compound of the premises in possession of the complainant and committed mischief by removing iron sheets fixed in the ground. The accused had committed the above offences of criminal trespass and mischief on 9-5-1971 at about 9 a. m. in the morning. Even though the wife of the complainant asked them not to remove the iron sheets from the compound they continued their illegal acts. The complainant on being informed went to the place and protested against the action of the accused but they did not listen to him. The complainant therefore lodged a complaint at the police station on that very day. The Police Sub Inspector Mehsana who carried on the investigation made a final report to the court of the learned Magistrate and applied for B summary. As the accused No. 1 and his partners are influential persons the police did not give adequate relief to the complainant. He therefore lodged a complaint in the court of the learned Magistrate Mehsana on 30-3-1972. The learned Magistrate instead of examining the complainant as contemplated by section 200 of the Criminal Procedure Code (hereinafter referred to as the Code) passed the following order:-

(3.) Section 200 of the Code provides:- A Magistrate taking cognizance of an offence on complaint shall at once examine the complainant and the witnesses present if any upon oath and the substance of the examination shall be reduced to writing and shall be signed by the complainant and the witnesses and also by the Magistrate.