RAJENDRA GARHWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this miscellaneous criminal case under Section 482 of Cr.P.C. being aggrieved by order dated 16.10.2019 passed by 1st Additional Sessions Judge Betul in Criminal Revision No.30/2018 upholding the judgment dated 03.08.2018 passed by the J.M.F.C., Betul in Criminal Case No.2302314/2016. The petitioner prayed for quashing the proceeding pending before Judicial Magistrate First Class, Betul in Criminal Case No. 2302314/2016, whereby the learned Judicial Magistrate First Class took cognizance under Section 188 of I.P.C. against the petitioner.

(2.) Prosecution case in brief is that Police Station Betul filed a charge-sheet against the petitioner/accused for an offence under Section 188 of IPC for committing breach of Section 144 of Cr.P.C. in the Court of Judicial Magistrate First Class Betul.

(3.) The petitioner challenges filing of the charge-sheet on the ground that offence under Section 188 of IPC is not cognizable one and only a complaint under Section 195 of Cr.P.C. can be filed and, therefore, the proceedings are not maintainable and liable to be quashed. The petitioner challenges the order of the JMFC in the Court of Ist Additional Sessions Judge Betul in Criminal Revision No.30/2018 who vide impugned order dismissed the Revision on the ground that the petitioner/accused raised objection belatedly and not within 90 days from the date of taking cognizance. Learned Revisional Court has observed that there is no provision to discharge the accused once the memorandum of charge is read over and, therefore, there is no illegality in the order passed by the JMFC.