LAKHIRAM RAMCHANDANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed seeking the following reliefs:-

(2.) It is submitted by counsel for applicants that respondent No. 2 had filed W.P. No. 7765/2021 seeking a direction to consider his complaint and accordingly, the Coordinate Bench of this Court by order dtd. 6/4/2021 disposed of the petition with a direction to the Town Inspector, Police Station Waraseoni, District Balaghat that if the respondent No. 2 files a complaint within 7 days along with a certified copy of the order passed in W.P. No.7765/2021, then the same shall be considered and decided in accordance with law, as mentioned in the order dtd. 24/12/2020 passed in W.P. No. 18878/2020. Accordingly, the respondent No. 2 filed an application on 12/4/2021 before the SHO, Police Station Waraseoni, District Balaghat thereby making general allegations against all the applicants. The SHO, Police Station Waraseoni, District Balaghat after inquiry found that no cognizable offence is made out and accordingly, submitted his expunge report dtd. 5/6/2021 to the SDO, Waraseoni, District Balaghat. Thereafter, the respondent No. 2 filed Conc. No. 1643/2021, which was dismissed by the Co-ordinate Bench of this Court by order dtd. 1/9/2021 by holding that there is no disobedience of the order and Town Inspector has considered the complaint and after due application of mind has taken a decision that no offence is made out. Thereafter, the complainant/respondent No. 2 filed an application under Sec. 156(3)/ 200 of Cr.P.C. before JMFC, Waraseoni, District Balaghat. The Learned Magistrate proceeded with the case and after recording the statements of the witnesses, dismissed the application filed by the complainant under Sec. 156(3)/200 of Cr.P.C. by order dtd. 6/8/2022 and recorded the finding that from perusal of complaint and the documents, the commission of cognizable offence is not made out.

(3.) The respondent No. 2 challenged the order passed by Magistrate by filing Criminal Revision No. 75/2022, which was allowed by order dtd. 30/1/2023 passed by 2nd Additional Sessions Judge, Waraseoni, District Balaghat and the order dtd. 6/8/2022 passed by the JMFC, Waraseoni, District Balaghat was set aside and the matter was remanded back to the trial Magistrate to re-consider the complaint afresh. Thereafter, JMFC, Waraseoni, District Balaghat by order dtd. 21/6/2023 passed in UNCR 49/2022 passed an order under Sec. 156(3) of Cr.P.C. thereby directing the police to investigate the matter. 3. Challenging the order passed by JMFC, Waraseoni, District Balaghat on 21/6/2023, it is submitted by counsel for applicants that the JMFC, Waraseoni, District Balaghat has taken cognizance of the complaint and has passed an order under Sec. 156(3) of Cr.P.C. In fact once the SHO, Police Station Waraseoni, District Balaghat had found that no cognizable offence is made out, then there was no reason for the Magistrate to pass an order under Sec. 156(3) of Cr.P.C. Although, the Revisional Court had remanded the matter back to reconsider the case but the Trial Magistrate has acted in a mechanical manner and without collecting any further evidence has passed an order under Sec. 156(3) of Cr.P.C.