KANHIYALAL MODI Vs. DWARKAPRASAD MODI

JUDGEMENT

(1.) Non-applicant No. 1 Dwarka Prasad Modi filed a complaint u/S. 200 of the Code of Criminal Procedure for taking cognizance against the applicant Dr. Kanhaiyalal Modi for offences punishable u/S.323 and 506 read with S.109, I.P.C.

(2.) After recording the evidence of the non-applicants, the learned Chief Judicial Magistrate, Seoni sent for the report of the concerned police station house, Seoni. The Station House Officer, Seoni, after making necessary inquiry reported that no case is made out against the applicant and therefore, cognizance for the offences alleged are not necessary. However, the Magistrate further recorded the statement of the complainants witness and issued process against the applicant as contemplated u/S. 204 of the Code, against which this revision has been filed.

(3.) Shri S. C. Datt, learned counsel for the applicant, contended that under section 202 of the code three modes have been prescribed for investigation before issuance of process against an accused, viz.,