BAGGU ALIAS SUNEHRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) REPORT under section 173, Code of Criminal Procedure, was forwarded to the Judicial Magistrate, 1st Class, Kurukshetra, intimating that F.I.R. No. 70 dated June 21, 1982, under section 379, Indian Penal Code, did not yield any result and as such the case be disposed of as untraceable. The learned Magistrate allowed the prayer, with the result that the complainant stands aggrieved, for it was his bullock -cart which had been stolen and he had reported the matter. Reliance has been placed on Bhagwat Singh v. Commissioner of Police and another [AIR 1985 SC 1985 : 1985(2) Recent CR 259], to contend that the complainant was a necessary party before the prayer of the State could be allowed. Their Lordships of the Supreme Court in that case have held that in case the Magistrate decides not to take cognizance of the offence and to drop the proceedings and takes the view that there is no sufficient ground to proceed against some of the persons mentioned in the First Information Report, he must give notice to the informant and provide him an opportunity to be heard at the time of the consideration of the report. The purpose is that the information may make his submissions to persuade the Magistrate to take cognizance of the offence and issue process. In the instant case, admittedly the complainant was not heard. In view of the ratio of the aforesaid case, this petition is allowed, order Annexure P -2 dated April 11, 1984, is set aside and the matter is remitted back to the leaned Magistrate for re -consideration.

(2.) PARTIES through their learned counsel are directed to put in appearance before the learned Magistrate on December 20, 1985. Order accordingly.