SATPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is petition for setting aside order dated 29.5.2007 of Judicial Magistrate Ist Class, Narwana whereby the request made by the petitioner- complainant for sending the complaint under Section 156(3) of Cr.P.C. for registration of FIR, was declined and the Magistrate directed that preliminary evidence be recorded in the Court.

(2.) THE complaint had been for the offence under Sections 302, 120-B, 506 and 201 of IPC, relating to P.S. G.R.P. Narwana. Two persons had been named in the complaint as having committed the offences.

(3.) THE matter is serious in nature relating to murder of son of the petitioner namely Suresh. Under these circumstances, it would have been proper for Judicial Magistrate Ist Class, Narwana to send the complaint to the police for registering an FIR under Section 156(3) of Cr.P.C. and investigate. If not, then he should have been sent the complaint under Section 202 of Cr.P.C., for inquiry since the resources at the command of the Magistrate are limited one and it would not have been possible for him to investigate such matter of serious nature. Under these circumstances, order dated 29.5.2007 is set aside to the extent that let matter be referred to the Police under Section 302 of Cr.P.C. for inquiry and report to enable the Magistrate to proceed further. Disposed of. Order accordingly.