MAHESH DUTT MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has preferred this petition under section 482 Cr.P.C. seeking the quashing of the order passed by the learned Magistrate, thereunder summoning the petitioner as an accused, by refusing to accept the final report submitted by police in Criminal Misc. Case No. 337/89 for Crime No. 225/85 which was investigated by the police for the alleged offence under sections 448, 427 and 147 I.P.C.

(2.) AFTER the investigation, when the police found that the commission of the alleged offences did not appear and that it was a civil dispute between the landlord and the tenant, the final report was submitted by the police to the Court. But the learned Magistrate under section 190 of the Cr.P.C. took cognizance of offence. The revision petition preferred by the petitioner against the order before the learned Sessions Judge was also dismissed. In this Court during the pendency of this petition, an application was also filed by complainant Vijay Kumar that the dispute was not existing between him and the petitioner. The record was perused. It appears that the learned Magistrate did not consider the statements of all the witnesses recorded by the police during the investigation. When a report is lodged, the allegations made therein are not to be accepted on their face value and for that reason investigation is required to be made by the police. The investigation should not be limited to the examination and recording of the statements of those witnesses, whose names are disclosed by the complainant, but the police must make an impartial investigation for finding the element of truth in the allegations made by the complainant. The police had investigated the offence. It had recorded the statements of the residents of locality and when it came to the conclusion that the allegations made by the complainant were false and to a civil dispute a shape was given to make it a cognizable offence, the final report to the Court was submitted by the police. In the investigation, when it was found by the police that the allegations made in the FIR were false and made up, and when no illegality could be found in the investigation, the final report filed by the police could not have been refused by the Magistrate, from being accepted. Apparently, the case was also of the civil nature but it appears that resort was taken by the complainant to the criminal proceedings.