MANORAMA PATEL Vs. SUBHASH KHOOBCHAND SONI

JUDGEMENT

(1.) THIS is a revision by the accused persons against the order by which their application for dismissal of the complaint has been rejected.

(2.) ON 10-1-1995 respondent Subhash Soni filed a complaint before the Judicial Magistrate First Class, Jabalpur. He sent this complaint to the Police under Section 156 (3) of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code ) for investigation. On receipt of the police report he took cognizance of the offences under Sections 323, 294 and 506 Part I, Indian Penal Code and issued process against the petitioners.

(3.) THE contention of the petitioners is that the cognizance of the offences has been taken on the basis of complaint under Section 190 (1) (a) of the Code and therefore it was necessary for the Magistrate to examine the complainant and his witnesses on oath as required by Section 200 of the Code and then alone summons could be issued for the attendance of the accused if there was sufficient ground for proceeding against them. It is further argued that the Magistrate had no jurisdiction to issue the process against the accused without following the procedure laid down in Sections 200, 202 and 204 of the Code.