RAVISH CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision is directed against order dt. 30-1-1985 recorded by Sri R. D. Pandey, learned Judicial Magistrate, Kanpur Dehat in Criminal Case No. 132 of 1985 arising out of Crime No. 27 of 1984 by which the learned Magistrate took the cognizance of the offence under S. 190(1)(c) of Cr. P.C. and summoned the revisionist to face trial under S. 306, I. P. C. The impugned order runs as below : -

(2.) On behalf of revisionist, it was argued that it was not open to the learned Magistrate to have taken the cognizance of the offence against revisionist under S. 190(1)(c) of Cr. P. C. (Act No.2 of 1974) without examination of complainant under S. 200, Cr. P.C. and of the witnesses under S. 202, Cr. P.C. Section 190 of Cr. P. C. reads as below : -

(3.) The contention was that in the instant case, cognizance cannot be treated to have been taken by the Magistrate on a 'police report' but upon 'information received from any person other than a police officer' or 'upon his own knowledge'.