MUBARIK HUSSAIN Vs. MUSHTAQ AHMAD

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 23-12-1982 passed by the Chief Judicial Magistrate, Dhar whereby he has, under section 203 of the criminal Procedure Code, 1973 (for short 'the Code') dismissed the petitioner's complaint, filed on 18-10-1982.

(2.) ACCORDING to the petitioner, at 9. 00 p. m. on 19-8-1982 when he was goint to a film show along with his friends, the non-applicants surrounded them on the way and some of them indulged in filthy abuses and marpit. He reported the matter to the police and when no action was taken, he filed the criminal complaint in question in respect of offences under sections 323, 294 and 506 Part II of the Indian Penal Code.

(3.) A perusal of the order sheet dated 18-10-1982 reveals that the learned trial magistrate without taking cognizance had ordered investigation under section 156 of the Code, with a direction that if cognizable offence is made out after full investigation, challan be filed or else final report be submitted by 23-12-1982.