A.P. FOAM PVT. LTD. Vs. JAGESHWAR DAYAL

JUDGEMENT

(1.) APPLICANT is aggrieved by the order passed by learned Additional Chief Judicial Magistrate, Gwalior. A complaint was filed by the applicant but the Court has not proceeded under section 200 of the Code of Criminal Procedure and asked for the report of the police. It appears that Court is shirking from its responsibility in deciding the case. Section 200 of Code of Criminal Procedure provides that as and when complaint is filed, it is duty of the Court to examine the witnesses, and if it is not satisfied then it, may pass order under section 203 of dismissal of complaint or may call for report under section 202 of Code of Criminal Procedure but the Court cannot delay the proceedings. Attention of the Court is invited to Rule 110, 111 and 112 of Rules and Orders (Criminal). Rule 110 provides that section 200 of Code requires, except in cases covered by the proviso to sub -section (1) of that section, that the complaint shall be examined on oath "at once". Keeping complainants waiting about the Court for days before examining them or of fixing more or less distant dates for them to appear for examination is not only a direct violation of the law but may amount to a complete denial of justice.

(2.) IT is therefore, directed that the Court shall act under section 200 of the Code of Criminal Procedure and the Rules in Rules and Orders (Criminal) mentioned above.

(3.) WITH the aforesaid observations. revision is disposed of.