GEETA DEVI Vs. PRABHA DEVI

JUDGEMENT

(1.) (oral)

(2.) PRESENT petition, under Section 482 Cr.P.C., has been filed for quashing a complaint, which respondent Prabha Devi has filed against the petitioner in the Court of Chief Judicial Magistrate, Shimla.

(3.) IT is submitted by the learned counsel for the petitioner that the Magistrate had no jurisdiction to issue process without examining the witnesses, named in the complaint. She submits that this is the requirement of Section 202 of the Code of Criminal Procedure. In the present case, learned Chief Judicial Magistrate recorded statement of the complainant under Section 200 Cr.P.C. IT appears that no other witness was present in the Court on that date. Complainant closed her preliminary evidence, after making her statement. Matter was then listed for 3.4.2010. On that date, learned Chief Judicial Magistrate passed the order that there are sufficient reasons to issue process against the accused for commission of offences, under Sections 504 and 506(second part) IPC. Learned Chief Judicial Magistrate did not take recourse to the provision of Section 202 Cr.P.C. in the present case. IT is not mandatory for a Judicial Magistrate for taking cognizance of an offence on a complaint, to make enquiry under Section 202 Cr.P.C. If after recording the statement of the complainant and the witnesses present, if any, under Section 200 Cr.P.C., the Magistrate is satisfied that there are sufficient grounds to proceed, he may straightway order the issuance of process under Section 204 Cr.P.C. without holding any further enquiry under Section 202 Cr.P.C. Hence, the submission is rejected.