F R ABRAHAM Vs. THOMAS

JUDGEMENT

(1.) A Magistrate, taking cognizance of an offence upon receiving a complaint of facts, which constitute such an offence, from a private individ-ual under Sec. 190 (i) (a) of the Code of Criminal Procedure, is bound to comply with the provisions of Sec. 200 by examining the complainant and the witnesses present, if any. If after considering those statements he is satisfied that there is no sufficient grounds, for proceeding, he can dismiss the complaint under Sec. 203. On the other hand, if his satisfaction is that there is sufficient ground for proceeding, he can issue process under Sec. 204. Except in complaints involving offences exclusively triable by the Court of sessions, a preliminary enquiry under Sec. 202 is only optional according to the discretion of the Magistrate. He need have such an enquiry only if even after complying with Sec. 200 some doubt lingers in his mind as to whether he has to proceed or not.

(2.) TO bring an offender to justice is the right of every one subject to the restrictions imposed by law in public interest. So also, it is the right of anyone that he is not unnecessarily harassed by a false or frivolous prosecution. Courts have a great responsibility in this respect. Provisions like Secs. 200,202 and 203 were introduced in the Code to act as a compromise between these two rights. Purpose is avoidance of the trouble and agony of a criminal trial when it is not necessary. In exercising this check, magistrates will have to act judicially. When process is issued under Sec. 204 on the required satisfaction, it is not necessary to pass formal order. The mere issue of process will be a visible manifestation of the satisfaction. But when complaint is dismissed under Sec. 203, it must be by a speaking order, briefly recording the reasons for so doing.

(3.) CRIMINAL revision petition is dismissed.