P UGENDER RAO Vs. J SAMPOORNA

JUDGEMENT

(1.) This is a petition filed under Section 482 Cr. P. C., to quash thecharges framed against the petitioners-accused.

(2.) The complaint in these quash proceedings is that the Magistrate,before whom the 1st respondent-complainant filed the complaint against petitioners, has without recording any evidencethough not the entire evidenceframed charges against the petitioners and others under different heads, thereby denying them the opportunity of being considered for discharge in terms of Section 245 of the Code of Criminal Procedure and therefore the charges are liable to be quashed.

(3.) To appreciate the above submission of the learned counsel, ShriVeerabhadra Rao. it is necessary to advert to certain provisions in the Code that have bearing on the present matter. Whenever a complaint is presented before a Magistrate, Section 200 Cr. P. C, obligates the Magistrate to examine the complainant on oath besides the witnesses, if any. After such an examination of the complainant and the witnesses, if any, and on consideration of the statements recorded so, in case the Magistrate is of opinion that there was nn ground to proceed ahead with the complaint, he shall dismiss the complaint under Section 203 Cr. P. C, after recording his reasons therefor. In case the Magistrate is of the opinion that there is sufficient ground for proceeding ahead with the complaint, he shall issue summons or warrant as the case may be. In the instant case, it is not in dispute, the Magistrate had issued process for appearance of the accused under Section 204 of the Code of Criminal Procedure and in response thereto the accused-petitioners also appeared before him. Further this is a complaint instituted by a private party, i e. the 1st respondent, and the case is also one triable under warrant procedure. The procedure in such cases is laid down by Chapter XIX- B (trial of warrant cases instituted otherwise than on police report).