SIS RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) MEWA Singh son of Mange Ram instituted a complaint under Section 211 read with Section 500 of the Indian Penal Code alleging, that Sis Ram and 10 others have formed a group with the view to humiliate him. A complaint was made; to the Collector, Sonepat, alleging that the complainant who is son of the Lambardar had been going to the houses of the villagers with the object of molesting the women on the pretext of collecting, revenue and that the father of the complainant who is a Lambardar is mean and a liar. The Judicial Magistrate Gohana made over this complainant to the police for investigation under Section 156 (3) of the Code of Criminal Procedure. After the receipt of the report from the Station House Officer the Judicial Magistrate ordered registration of a case and the police implemented this order and FIR No. 199 was registered on 23-12-1986. Thereafter, a report under section 173 Cr.P.C. was drawn up and a challan presented. Not only that after hearing the parties a charge has also been framed for offences under section 500 of the Indian Penal Code read with Section 211 of the Indian Penal Code on 22-12-1990.

(2.) THE present petition has been moved under Section 482 of the Code of Criminal Procedure alleging that on the receipt of the report from the police dated 15-10-1986, the Judicial Magistrate could proceed under Section 203 or Section 204 of the Code of Criminal Procedure and could even issue summon or warrants against the accused but he had no jurisdiction to send the complaint to the Station House Officer for registration of a case.

(3.) THE conclusion is that framing of the charge for the offences under Section 211 of the Code of Criminal Procedure as well as under Section 500 of the Indian Penal Code as did in this case cannot be sustained at this stage. The present petition moved under Section 482 of the Code of Criminal Procedure is partly accepted and the impugned orders dated 14-10-1988 and dated 22-12-1990 (Annexure P-2 and P-3) are hereby quashed. However, there is no bar for the learned Magistrate to deal with the complaint made before him, for the offence under Section 500 of the Indian Penal Code by adopting the provisions contained in Chapter XV of the Code of Criminal Procedure. The complainant shall appear in the trial Court at Gohana on 3-3-1992. Order accordingly.