LAL BAHADUR Vs. STATE

JUDGEMENT

(1.) The petitioner has challenged the order dated 11.5.2009, passed by learned Chief Judicial Magistrate, Raebareli in Criminal Misc. Case No. 1380 of 2005, whereby he has been summoned for trial under Sections 302, 201 I.P.C. as well as the order dated 1.10.2010, passed by the court of revision, upholding the order passed by the learned Chief Judicial Magistrate.

(2.) Briefly, the facts of the case are that a case was registered against the petitioner pursuant to the order dated 26th July, 2004, passed by the learned Magistrate in exercise of power provided under Section 156(3) of the Code of Criminal Procedure (hereinafter referred to as 'Code') and the matter was investigated. After the investigation, the Investigating Officer submitted final report. The learned Magistrate cancelled the same and took cognizance of the offence as complaint case. He proceeded to record the statement of complainant as well as some of the witnesses. It appears that he did not proceed to record the statement of all the witnesses who were mentioned in the list of witnesses provided by the complainant.

(3.) The scope of Section 202(2) of the Code has been discussed by the Hon'ble Supreme Court in the case of Shivjee Singh v. Nagendra Tiwary and others, 2010 7 SCC 578 in the following manner:-