CHHOTEY SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) This is an application in revision by four persons who are accused of offences Under Ss. 363, 366 and 376 IPC for kidnapping, procreation and rape of an alleged minor girl named Kamla.

(2.) In this case the police submitted a final report Under Sec. 169 Code of Criminal Procedure. However, the Magistrate was not satisfied with the final report and suo moto took cognizance of the case. All the offences were triable by a court of session or a Magistrate of the first class. However, in the instant case, the Magistrate started proceedings as an enquiry rather than as trial. The ticklish question which arose for consideration was whether in a case in which the police had submitted a final report but the Magistrate had himself taken cognizance of the offences, the procedure to he adopted would -be one prescribed by Sec. 207 -A Code of Criminal Procedure or the one prescribed by Ss. 208 and 209 Code of Criminal Procedure etc.

(3.) Sec. 207 -A Code of Criminal Procedure relates to the procedure to be followed' in proceedings instituted on a police report, while the one prescribed by Sec. 208 Code of Criminal Procedure refers to proceedings instituted otherwise than on police report. There is no specific provision in the Code of Criminal Procedure covering a case in which the police had submitted a final report but the Magistrate had taken cognizance suo moto. In the instant case, the Magistrate adopted the procedure prescribed by Sec. 207 -A Code of Criminal Procedure on the presumption that such a case would be deemed to have been instituted on police report. Even the case law is not quite clear on the point. There are conflicting decisions of various High Courts.