BHAURAO SAMPATRAO TAYDE Vs. TULSIRAM SAMPATRAO

JUDGEMENT

(1.) This is a petition under Art. 227 of the Constitution of India, read with section 482 of the Code of Criminal Procedure, raising a very interesting point as to whether a Judicial Magistrate, First Class, having granted 'B Summary' to the Police, after investigation into an offence, can take cognizance of the same offence on the same set of facts in a complaint case subsequently.

(2.) Brief narration of facts which led to this controversy are as follows:

(3.) In respect of the counter report filed by the respondent No. 1 Tulsiram, against present petitioner and respondents 2 to 7, the same Police Station registered it as Crime No. 41 /1978 and on completing the investigation forwarded the report to the same Judicial Magistrate, First Class, Shri A. P. Lakhanikar, at Achalpur and in the said crime the learned Judicial Magistrate, First Class, granted B Summary of No. 579/1978 dated 14-8-1978.