DATTATRAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent of the parties. The applicants have approached this Court in view of the order dated 20th March 2013 passed by the learned Judicial Magistrate First Class, Ner, thereby directing the Investigating officer to submit its report under Section 156(3) of the Code of Criminal Procedure.

(2.) From the facts as stated on record, it is clear that before passing the order, the learned Magistrate had also recorded the statement of the complainant and one witness and as such taken cognizance of the matter.

(3.) The issue is no more res integra. The Apex Court in. the case of Devarapalli Lakshminarayana Reddy and others v. V. Narayana Reddy and others, 1976 3 SCC 252, has held that once the learned Magistrate takes cognizance then recourse cannot be taken to Section 156(3) of the Code of Criminal Procedure and he has to proceed under Section 202 of the Code of Criminal Procedure. In that view of the matter, Rule is made absolute in terms of prayer clause (a) of the application. Needless to state that if the learned Magistrate finds it necessary he can take recourse, as provided under Section 202 of the Code of Criminal Procedure.