CHANDRA MOHAN Vs. STATE OF U P

JUDGEMENT

(1.) ACCUSED Chandra Mohan and Madan Mohan who are real brothers, being sons of Late Sri Sant Prasad Tandon, have preferred this revision with the prayer that the order dated 14-10-1986 passed by the learned Magistrate, Ram Sanehi Ghat, Barabanki in Criminal Case No. 411 of 1986 taking cognizance and summoning the accused-revisionist on a complaint filed by Surya Narain Tandon, Opposite party no. 2 under Section 419/420/465/471 IPC be quashed.

(2.) COMPLAINT Annexure No. 1 to this revision was filed in the Magistrate's court on 1-7-85 and 2-7-85 was fixed for recording the statement under Section 200 CrPC. On that date the complainant's statement under Section 200 CrPC was recorded and the case was adjourned to 16-8-85 with the directions that a copy of the complaint be sent to the S.H.O. concerned for investigation under Section 156 (3) CrPC. Thereafter, learned Magistrate continued to adjourn the case till 14th October, 1986 requiring the S.H.O. concerned to complete the investigation and submit his report but when no report was submitted for about a year, then the learned Magistrate took cognizance and summoned the accused- revisionists by order dated 14-10-86 against which the accused have felt aggrieved and preferred this revision.

(3.) LEARNED counsel for the revisionists has drawn may attention towards the order dated 2-7-85 whereby the learned Magistrate has forwarded a copy of the complaint to the S.H.O. concerned for investigating the case and he has done so in exercise of his powers under Section 156 (3) of the Code of Criminal Procedure. Section 156 of the Code empowers a police officer to investigate any cognizable case and sub-clause (3) thereof empowers the Magistrate who has powers to take cognizance, under Sec. 190 CrPC to order for such an investigation. LEARNED counsel for both the parties agree that in the instant case learned Magistrate was well within his jurisdiction in sending a copy of the complaint to the S.H.O. concerned with the directions to investigate it in exercise of his power under section 156 (3) CrPC so this point does not require any detailed discussion.