DINESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. This revision has been filed by the applicants challenging the order directing the registration and investigation of the allegations made in the application of the opposite party by Magistrate dated 2-7- 97. I have admitted this revision and directed the same to be connected with these 4 writ petitions which were referred to for consideration by a larger bench comprising of 3 or more judges of this Court. The reference was made by Hon'ble Palok Basu and Hon'ble J. C. Gupta, JJ.

(2.) ON an examination on of the refer ence order what I could gather from the paragraph "in order words if it is possible to hold that Madhu Bala lays down as a matter of Rule that a mere application which will not be or may not be a complaint as envisaged by the provisions of Section 200/190 C. P. C. also has to be registered and investigated just because a Magistrate pas ses such an order, then only the orders of the Magistrate Courts in these four writ petitions can be sustained. If it is not pos sible to hold what has been stated above and the emphasised portion from the para graph quoted above is taken to be the real legal proposition following from the Supreme Court Judgment, then it must be held that unless the Court/magistrate had before it a complaint filed within the meaning of Sections 200/190 Cr. P. C. he could not have directed registration of the case at the respective police station and investigation therein by the police station concerned. "

(3.) THE police normally submits report under Section 173 (2) of Cr. P. C. after completing exercise of the collection of evidence and afterwards on an evalua tion of all evidences so collected when it comes to a conclusion that a cognizable, offence is disclosed from the evidence so collected. This exercise is undertaken only after the registration of a case under Sec tion 154 (1) of Cr. P. C. In this context the meaning of term" investigation" as defined in Section 2 (h) also assumes significance. THE definition is quoted as under: "investigation includes all the proceeding under this code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. "