KARAM SINGH Vs. BANSI RAM

JUDGEMENT

(1.) THE petitioners seek the quashing and setting -aside the order dated 21.12.2013 passed by the learned Additional Sessions Judge, Ghumarwin, wherein he affirmed and upheld the order dated 28.1.2012 passed by the learned Judicial Magistrate Ist Class, Ghumarwin whereby the petitioners have been ordered to be summoned for commission of offence, punishable under sections 147, 323, 434, 447, 451, 504 and 506 IPC. These proceedings have been challenged on the ground that the same are manifestly illegal, improper and vitiated with material illegality and irregularity on account of the fact that both the courts below have ignored that an FIR on the same allegations had been registered against the petitioners, which culminated into filing of a cancellation report.

(2.) IT was argued that once the cancellation report itself had been filed by the police then the Magistrate had no jurisdiction or authority to have taken cognizance of the offence or issue process. The learned counsel for the petitioners has placed reliance on the judgement of Rajasthan High Court Daleep Singh vs. Smt. Magan, 1996 CrLJ 190 to contend that non -consideration of the cancellation report tantamounts to abuse of the process of the court and the order taking cognizance of the offence was not sustainable. He relied upon the following observations from the aforesaid judgement: -

(3.) APART from above, the mere fact that Magistrate had accepted the final report, would not itself stand in his way to take cognizance of the offence on a protest/ complaint petition, as was held by the Hon ble Supreme Court in Mahesh Chand vs. Janardhan Reddy and another, 2003 1 SCC 734, as follows: -