NANJIRAM Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the order dated 19.09.2003, passed by the Judicial Magistrate First Class, Raghogarh, District Guna (M.P.) in Criminal Case No. 356/2003, which has been set aside by the II Additional Sessions Judge, Gunain Criminal Revision No. 223/03, videorderdated24.08.2004,thispetitionunder Section 482 of the Code of Criminal Procedure Code has been filed by the petitioner.

(2.) The facts giving rise to this petition, in short, are that the petitioner filed a private complaint in the Court of Judicial Magistrate First Class, Raghogarh under Sections 147, 148, 323, 395 read with section 149 of IPC against 28 accused persons, in which about 18 accused persons were Police Officers. Prior to the date of incident, a murder case was got registered against 15 family members belonging to the complainant. The learned trial Court sent the complaint under Section 156(3) of Cr. P.C. to the police for investigation and after receiving the report from the police, dismissed the complaint against all the accused persons under Section 148 and 395 of IPC and took cognizance against accused Vijay Singh, Lekhraj, Komal, Lai Singh, Ram Singh, Prabhulal, Bahadur Singh, Kamal Singh, Chhatar Singh and Kalyan Singh under Sections 147 and 323 read with Section 149 of IPC and they were summoned on 19.09.2003.

(3.) Learned counsel for the petitioner submits that as per allegation of the complainant, the offence is triable exclusively by the Court of Session. Therefore, the learned trial Court has committed illegality by calling report under Section 156(3) of Cr. P. C. It is the duty of the Magistrate to consider the case as per provision of Section 202 of Cr.P.C. to examine all the witnesses and thereafter he shall take cognizance of the offence. But in this case the Court with the aid of Section 156(3) of Cr.P.C. registered the case against few accused persons under Sections 147, 323 read with Section 149 of IPC and not registered the complaint for the offence under Section 395 read with Section 149 of IPC. Further, it is also submitted that the revision petition was filed by the complainant against the order of the learned trial Court partly registered the criminal complaint.