PULLOO JAIDEV Vs. STATE OF U P

JUDGEMENT

(1.) This revision under sections 397/401 of the Code of Criminal Procedure, 1974, (for short the Code) is directed against the order dated 24.1.87 passed by the lInd Additional Sessions Judge, Varanasi allowing the revision and setting aside the order dated 14.5.86 passed in Criminal case No. 372 of 1986 and directing the Magistrate to pass an order under sections 203 and 204 of the Code after hearing the complainant.

(2.) The facts of the case are that a complaint under sections 147/323/504/506 I.P.C. was filed by Praveen Kumar against Pulloo and others, the present applicants before the Chief Judicial Magistrate, Varanasi, who recorded evidence under section 200 of the Code, but postponed the issue of process and started taking statements of P. W. 1 Shyamdas, P.W. 2 Bal Kishan under section 202 and perused the F.I.R. and injury report. But he was not satisfied that certain circumstances appear in the statement of witnesses, inasmuch as it was not explained as to why did Shyam Das, the companion of the complainant not go to the police station for assistance instead of going to the hospital for examination of his injuries. Similarly the complainant also went straight way to the hospital rather than to police station. The next circumstance was that when Shyam Das ran away from the market, why not he went to the police station just to safeguard the complainant from the accused. Consequently, the learned Magistrate was of the view that investigation by the police on these points was necessary and hence he directed the Station Officer, Chowk, Varanasi, to investigate the matter and submit report within two weeks and fixed the case for orders on 15.7.86. A revision was filed by the complainant and the same was allowed by the impugned order dated 24.1.87. It is against this order that the present revision has been filed.

(3.) Learned counsel for the applicant urged that section 202, he has no power to direct the investigation by a Police Officer as the Magistrate has to decide as to which of the two alternatives he has to follow, either to enquire into the case himself or direct the investigation to be made by the police. Reliance was placed on Parsuram Jha v. State of Bihar.