G VENKATESWARA RAO Vs. STATE

JUDGEMENT

(1.) The petitioner seeks to quash the proceedings initiated against him under Section 497 of the Indian Penal Code before the V Metropolitan Magistrate, Hyderabad, in CCNo.835 of 2001.

(2.) The factual matrix germane in the context for consideration may be set forth at the outset thus: A private complaint was filed by the de facto complainant alleging inter alia offences punishable under Section 497 and 498 of the Indian Penal Code. That complaint was forwarded to the Police for investigation under Section 156(3) of the Code of Criminal Procedure (for brevity 'the Code). The Police eventually filed the report under Section 173 of the Code recommending for dropping of the proceedings on the premise that the matter was of a civil nature. A protest petition was filed by the de facto complainant after having been served with the referred notice by the Police. The learned Magistrate examined the de facto complainant and recorded his sworn statement. Similarly, he examined other witnesses produced by the complainant and recorded their sworn statements. After having recorded the statements of the complainant and the witnesses and having been satisfied about the prima facie case, the learned Magistrate has taken the complaint on file and taken cognizance of the offence alleged under Section 497 of the Indian Penal Code only by issuing process against Al. Pursuant thereto Al appeared before that Court and then filed the present application, as aforesaid, assailing the proceedings initiated against him invoking the inherent jurisdiction of this Court under Section 482 of the Code.

(3.) The learned Counsel appearing for the petitioner submits that the cognizance taken by the learned Magistrate is wrong and the reasons whereof are two fold - firstly that the learned Magistrate ought to have conducted an enquiry under Section 200 of the Code and then an enquiry under Section 202 of the Code and without conducting an enquiry under Section 200, he straight away conducted enquiry under Section 202 and, therefore, the action on the part of the learned Magistrate is illegal; and secondly that even the complaint and the statements annexed therewith do not prima facie constitute the offences alleged.