RAM LAL Vs. AKHILESH KUMAR

JUDGEMENT

(1.) KUNDAN Singh, J. Heard Sri G. C. Saxena, counsel for the applicants, and Sri B. N. Singh counsel for the complainant-O. P. No. 1.

(2.) THIS revision is directed against the order dated 6-3-1993 passed by the Special Judge/ii Addl. Sessions Judge, Jalaun at Orai taking cognizance of the offences under Section 198 (2) of the U. P. Z. A & L. R. Act and 379,427,504 and 506,i. P. C. and 3 of S. C. /s. T. Act and summoning the accused persons therefor.

(3.) IT was contended before the court concerned that the I. O. had not recorded the statements of the witnesses under Sec tion 161, Cr. P. C and the order does not say that the cognizance was taken on the basis of the statements of the complainant and his witnesses recorded under Section 200 or 202, Cr. P. C. The court concerned was em powered to take cognizance in the proce dure provided under Section 190 (1), Cr. P. C. In the absence of any material the order does not appear to be sustainable in the eyes of law. On the basis of the F. I. R. the accused can be arrested and the investigation can proceed. But in the instant case the matter was investigated and according to the police there was no material to make out a case against the accused. As such the cognizance of the offences does not appear to have taken either of the clauses (a), (b), (c) of Section 190 (1), Cr. P. C. The impugned order, dated 6-3-1993 is set aside and the court concerned is at liberty to proceed with in accordance with law if any evidence under Sections 200 or 202, Cr. P. C. is produced before the court.