RAMESH DAMODAR NAGARE Vs. ASHOK DAMODAR NAGARE

JUDGEMENT

(1.) BY this revision, the petitioner has impugned the order dated 25-6-1990, passed by the J. M. F. C. Nasik issuing against him process under sections 452, 323, 504 and 506 I. P. C. in Criminal Case No. 258 of 1989, arising out of a complaint filed by the respondent No. 1.

(2.) FACTS in brief leading to the present petition are as under :---On 16-8-1989, the complainant- respondent No. 1 filed a complaint against the petitioner in the Court of J. M. F. C. , Nasik Road, with a prayer that the petitioner be punished for offences punishable under sections 452, 323, 504 and 506 I. P. C. Immediately, after filing of the complaint, statement of the complainant (respondent No. 1) was recorded under section 200 Cr. P. C. Thereafter, the case was adjourned to 29-8-1989. On that day, the J. M. F. C. , Nasik was pleased to order investigation by the concerned P. S. I. under section 202 Cr. P. C. The report of the P. S. I. which was in Marathi was received in the Court of the Magistrate on 30-1-1990. I am informed by Counsel for the parties that it was in favour of the petitioner. On 13-2-1990, after perusing the police report, the J. M. F. C. , Nasik directed the complainant to lead evidence before issue of process. It appears that on 25-6-1990, in pursuance of the order dated 13-2-1990, statement of the complainant, was recorded by the J. M. F. C. who, thereafter, as mentioned in para 1 issued process under sections 452, 323 504 and 506 of I. P. C. against the petitioner. It is this order which is taken offence to by the petitioner and assailed by him, through the present petition.

(3.) I have heard Mr. Sudhir Hardikar for the petitioner and Mr. R. Y. Mirza, Additional Public Prosecutor for the respondent No. 2- State of Maharashtra. It needs to be mentioned that although the respondent No. 1 was served but he has not engaged any Counsel. Grievance of Mr. Hardikar is that once having called for a police report under section 202 Cr. P. C. it was not legally open to the learned J. M. F. C. to examine the complainant under section 202 Cr. P. C. because, he had already been examined under section 200 Cr. P. C. on 16-8-1989, the date on which, the complaint was filed. Mr. Hardikar, further urged that since the learned J. M. F. C. , after filing of complaint, and after recording statement of the complainant, under section 200 Cr. P. C. was not satisfied that process should have been issued, he called for a police report under section 202 Cr. P. C. He urged that once the police report was received, there was no question of the complainant being examined again.