UMA SHANKER Vs. STATE OF U P

JUDGEMENT

(1.) A FIR was lodged on 24th November, 74 by one Chhetai at police station Kotwali, City Mirzapur, against 13 persons for the commission of offences under Sections 302, 307, 147, 148 and 323 IPC. The case was investigated by the police of police station Pandari, and a charge-sheet was submitted against 7 accused-persons viz. Kallu and others. One accused Doodhanath died during the pendency of the investigation. According to the instant application.

(2.) I have heard learned Counsel for the parties at a considerable length and have also perused the affidavits and annexures filed in this Court.

(3.) Learned Counsel for the applicant has argued that the Chief Judicial Magistrate Mirzapur had acted illegally in taking cognizance of the offence under Section 190(c) Code of Criminal Procedure. He submits that the application filed by Chekhuri (annexure No. 1) gives all the allegation pertaining to the offence in question and therefore, it was covered by the definition of complaint as laid down in Section 2(d) Code of Criminal Procedure as such the Magistrate could only take cognizance of the offence under Section 190(a) Code of Criminal Procedure and therefore, he was bound to follow the procedure prescribed in Section 200 Code of Criminal Procedure relating to complaints filed before the Magistrate. He should have summoned the complainant and his witnesses and thereafter, if he found that the prima facie case has been made out, he could summon the accused.