KISHORE Vs. JITENDRA

JUDGEMENT

(1.) This petition is filed by accused Kishore under Section 482 of the Cr.P.C. being aggrieved by the proceedings taken by the Magistrate and directing the police, M.I.G. Indore to register a case for offence under Sections 323, 294, 506, 392/34 of the I.P.C.

(2.) Counsel for the petitioner has vehemently urged that the petitioner has filed this petition for quashment of the Criminal Case No. 3422/2008 pending before the JMFC, Indore. Counsel has further urged that the learned Judge of the Lower Court had erred in registering the case against the petitioner on the complaint filed by the complainant Jitendra s/o Narayandas. The complaint, according to the Counsel prima-facie, was made on false ground and was malicious and vexatious. More importantly, Counsel has stated that the final report was submitted by the police regarding closure of the case then the learned Judge of the lower Court ought not to have taken the cognizance of the offence and registered the same. Counsel has further stated that the police had submitted the closure report to the Magistrate on 24/1/2009 and the lower Court had considered the same and despite which, the process was issued for continuing the case under Section 200 of the Cr.P.C.

(3.) Counsel for the petitioner has also stated that the learned Judge of the Lower Court had erred at this juncture and relying on Gangadhar Janardan Mhatre v. State of Maharashtra and Ors., 2004 AIR(SC) 4753, Counsel has stated that the Apex Court had laid down guide lines as to what a Magistrate must take recourse to when a report is placed by the police before it under Section 173(2)(1). It held thus: