ANITA PAWAR Vs. DHARMENDRA SIKARWAR

JUDGEMENT

(1.) The only question involved in this revision is whether in a case instituted on a private complaint under Section 190 Cr.P.C. after the report filed by the Police under Section 156(3) Cr.P.C. on the direction of the Magistrate, the case can be treated as filed under Section 173(2) of Cr.P.C.

(2.) Learned Judicial Magistrate First Class, Guna by its order dated 19/1/2010 rejected the application filed by the complainant for framing charges on the basis of Police Report without taking evidence before the charge. In revision, the Additional Judge to the Court of Fourth Additional Sessions Judge, (Fast Track) Guna has allowed the revision petition filed by the complainant and directed that after receiving the report under Section 156(3) Cr. P.C. it is not necessary to take evidence before framing charge and since the Court has already taken cognizance on Police Investigation Report submitted under Section 156(3) Cr.P.C., the cognizance shall be treated as taken under Section 190(1)(b) Cr.P.C.

(3.) It means learned Additional Sessions Judge while mentioning the provisions of Section 190(1)(b) has overlooked the provisions of that Section. Section 190 Cr.P.C. reads as under: