RAJARAM SINGH Vs. RAGHUVEER SINGH

JUDGEMENT

(1.) THE respondent No. 1 has been served. No body has put in appearance on his behalf.

(2.) THE learned counsel for the petitioner has raised a legal argument. This is to the effect that once the Magistrate has initiated proceedings under Section 202 of the Code of Criminal Procedure, 1973 (for the short Code), he has two options before him. The first option is that he can himself hold the enquiry. The second option is that he can get an enquiry held through police. According to the learned counsel, if the Court chooses to get the investigation done from the police and the police investigates into the same, then, the Magistrate must abide by the result of this investigation. According to him, the Magistrate cannot hold an enquiry again at its own level.

(3.) RELIANCE has been placed on Shankar Chandra Ghose v. Roopraj S. Bhansailly, (1981) Cr.L.J. 1002. This decision does support him.