K. AKBAR SHERIFF AND CO. Vs. SUB INSPECTOR OF POLICE, VANIYAMBADI TOWN POLICE, VANIYAMBADI AND V.M. CHOUSE BASHA

JUDGEMENT

(1.) THE accused who are the revision Petitioners contended before the Sub Divisional Judicial Magistrate, Tirupattur, that the Magistrate had taken cognizance of the case against them even when he examined the complainant under Section 200, Code of Criminal Procedure, and as such he should proceed with the case under Section 244, Code of Criminal Procedure and not under Section 242, Code of Criminal Procedure.

(2.) THE facts are that, on the second Respondent filing a complaint, the Magistrate examined him under Code of Criminal Procedure 200, Code of Criminal Procedure and then sent the papers to the police/first Respondent, for an enquiry being made under Code of Criminal Procedure 156 (3), Code of Criminal Procedure. After enquiry, the police submitted a charge -sheet under Sections 420 and 120 -A, I.P.C. The Petitioners were issued summons and after questioning them, charges were framed under Section 420 read with 120 -A, I.P.C

(3.) THE contention of the Petitioners is that since the second Respondent had filed a private complaint and the Magistrate had examined the second Respondent under Section 200, Code of Criminal Procedure it must be held that the Magistrate had taken cognizance of the case on a private Complaint and consequently the trial will have to be held only in accordance with the provisions of Sections 244 to 247, Code of Criminal Procedure. The contention of the Petitioners is clearly unsustainable as there are numerous decisions holding that when the Magistrate sends a private complaint for enquiry by the police under Section 156(3) Code of Criminal Procedure, the Magistrate cannot be deemed to have taken cognizance of the case on the basis of the private complaint. The relevant authorities are as under.