JOGENDRANATH GHAREI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The legality or otherwise of the direction issued by the Judicial Magistrate, First Class, Jaleswar in ICC No. 116 of 2000 directing the local police to conduct an investigation without himself conducting an inquiry under S. 202 of the Code of Criminal Procedure (for short 'Cr. P.C.') and the order of the Chief Judicial Magistrate-cum-Assistant Sessions Judge, Balasore refusing to discharge the petitioners and confirming the order of the Judicial Magistrate is in question in the present criminal revision.

(2.) A complaint was filed by a lady, present opposite party No. 2, alleging that while she was returning home after purchasing medicine for her children, the present petitioners followed her in a Hero Honda motor cycle and intercepted her. Petitioner No. 2 who was holding a 'Bhujali' threatened her and asked her to stand quietly. It was further alleged that under direction of petitioner No. 2, the other two petitioners forcibly took her to a nearby place and tried to ravish her when she screamed. Hearing her shouts and screams some of the residents of the locality arrived at the spot and saved her from being gang raped. There was elaborate description about the over (overt?) acts alleged to have been committed by the petitioners in the complaint petition. The said complaint petition was registered as ICC No. 116 of 2000 under Ss. 376/511/354/506/34, I.P.C. in the Court of the J.M.F.C., Jaleswar and the learned Magistrate in exercise of his power under S. 156, Cr. P.C. sent the complaint petition straight to Bhograi Police Station for conducting an investigation.

(3.) According to the learned counsel for the petitioners, the said action of the learned Magistrate was erroneous and contrary to law, inasmuch as the offences alleged to have been committed being triable exclusively by a Court of Session, it was incumbent upon the learned Magistrate to conduct an inquiry himself under S. 202, Cr. P.C. and examine the complainant and the witnesses, and only thereafter if he was prima facie satisfied, other action would have followed.