JAGIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE question for consideration in this case is whether on a complaint filed by a person, an FIR can be registered for the alleged offence if the said person had earlier filed a complaint before the Magistrate exactly on the same allegations, and the Magistrate after obtaining the report from the police under Section 202 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and after recording the preliminary evidence, had dismissed the same under Section 203 of the Code after observing that the complainant has failed to prove the alleged offence; and whether lodging of the FIR and continuation of the proceedings thereon on such complaint will be an abuse of the process of law and are liable to be quashed.

(2.) BEFORE considering the aforesaid question, it is necessary to give certain facts of this case.

(3.) THE aforesaid complaint was sent for investigation and report to the police under Section 202 of the Code by the Magistrate. SHO, Police Station, Khizrabad reported that there was some financial transaction between the parties, but the alleged offence in the complaint was not established. Thereafter, the complainant himself appeared as a witness in his preliminary evidence and also produced on record copy of the passport of Sushil Duggal as Mark-A, copy of visa as Mark-B and copy of the mortgage deed as Mark-C. The Judicial Magistrate after taking into consideration of the police report as well as the preliminary evidence led by the complainant dismissed the complaint while coming to the conclusion that the complainant has failed to prove that the petitioners had cheated him and they had committed any forgery as there was no cogent evidence in support of those allegations. While dismissing the complaint, the following observations have been made by the Judicial Magistrate :-