RAM GOPAL MITTAL Vs. KAILASH NARAIN

JUDGEMENT

(1.) J. P. Semwal, J. List has been revised. None appears for the com plainant, Sri Vimlesh Kumar learned counsel for the applicant is present.

(2.) BY this application under Section 482, Cr. P. C. the applicant has prayed for quashing the proceedings of Criminal Case No. 127 of 1989 -Kailash Narain v. Ram Gopal Mittal, Police Station Auraia, pending in the court of Munsif Magistrate-lower criminal court, Etawah.

(3.) I have perused the record of the case. Counter affidavit has already been filed in this case. From Annexure No. '2' which is copy of the order-sheet of the lower criminal court, it is revealed that on 4-9- 1990 order issuing non-bailable warrant against the accused was passed. The order-sheet dated 13-11- 1990 goes to show that the accused was again absent. There is a men tion in the said order dated. 13- 11-1990 that the statement of the complainant was recorded under Section 200, Cr, P, C. but the complaiaaat has not produced any witness so far under Section 202, Cr. P. C. It is not clear from the respec tive affidavit and counter-affidavit of the parties and the order-sheet (Annexure No. *2) that the lower criminal Court Magistrate has issued any process after taking cognizance of the offence alleged in the complaint. The procedure with regard to complaint cases is provided in Chapter XXV. The Magistrate taking cognizance of the offence on a complaint has to examine the complainant on oath and the witnesses present, if any. If the Magistrate after recording the evidence under Section 200, Cr. P. C. on oath decides to proceed against the accused, he may either inquire into the case himself or direct an investiga tion to be made by a police officer or by such other person as he thinks fit under Section 202, Cr. P. C. for the purposes as to whether or not there is sufficient ground for proceeding. The scope of the enquiry under Section 202,, Cr. P. C. is limited only to the assertions of the complainant through the allegations made in the complaint. If the Magistrate after considering the statement of the complainant on oath and of the witnesses and the result of the investigation under Section 202, Cr. P. C. is satisfied that there is no sufficient ground for proceeding, he shall dismiss the complaint under Section 203, Cr. P. C. If, however, in the opinion of the Magistrate, there is sufficient ground for proceeding he shall issue process under Section 204, Cr, P. C. The accused does not come into picture till the process is issued. It may be mentioned here that no warrant could have been issued before the stage of Section 204, Cr. P. C. There is nothing on the record that the learned Magis trate lower criminal court, has satisfied himself from the allegations made in the complaint and the statement of the complainant on oath and the evidence led in support of the same that there is sufficient ground for proceedings against the accused,