DINESH CHANDER SHARMA Vs. SURINDER KUMAR SHARMA

JUDGEMENT

(1.) Challenging the judgment of dismissal passed by the Court of Sessions, at Una, upholding the order of dismissal of the criminal complaint under Section 203 CrPC, by Judicial Magistrate, the complainant, who is a practicing Advocate, has come up before this Court, to set these aside and issuance of directions to the Judicial Magistrate to issue process and proceed under Section 204 CrPC.

(2.) The gist of the facts apposite to decide the present petition traces its history to a complaint filed by the petitioner under Section 190 CrPC, against the respondent, Inspector Surinder Kumar Sharma, for the commission of an offence punishable under Section 500 of IPC.

(3.) The petitioner had filed the complaint on May 23, 2005, in the Court of Chief Judicial Magistrate, Una, District­ Una, HP. The order sheets of the Court reflect that the learned Additional Chief Judicial Magistrate, Una, vide order dated Jun 14, 2005, took cognizance of the offence, and asked the complainant to produce preliminary evidence. After recording the evidence, and taking the documentary evidence in the inquiry, vide order dated Aug 13, 2012, passed in this Criminal Complaint No. 71­II­2006, Judicial Magistrate 1st Class, Court No.1, Una, HP, dismissed it under Section 203 CrPC and did not proceed further under Section 204 of CrPC.