ATUL SOOD Vs. STATE OF H.P.

JUDGEMENT

(1.) This is a petition filed by the petitioner under Section 482 Cr.P.C., in the alternative under Article 227 of the Constitution of India, for quashing of FIR No. 39 of 2007, dated 5.3.2007, registered at Police Station, Chirgaon, under Section 406 IPC as well as for quashing of criminal proceedings pending in the court of Judicial Magistrate (II), Rohru.

(2.) Brief facts of the case are that a criminal complaint was filed before the learned SDJM, Rohru by respondent No. 1 as against the petitioner under Section 406 IPC, which complaint is dated 26.2.20007 on which date, the Judicial Magistrate ordered his ˜office to check and report on 1.3.2007. There is a report made by the office of the Judicial Magistrate, Rohru that it is a complaint under Section 406 IPC, but neither there is an endorsement on the complaint as to the orders passed by the Court nor there is any covering letter alongwith the complaint sent to the police. However, in the end of the complaint, there is an endorsement made by the SHO, Police Station, Chirgaon that FIR No. 39/2007, dated 5.3.2007, under Section 406 IPC has been registered. It is not clear as to when the complaint was received by the police, what orders were passed by the learned Magistrate and on what basis this FIR was registered. This finds clarification from the FIR registered by the police and record attached with the challan, which shows that on this complaint, the learned Magistrate recorded the statements of the complainant on 1.3.2007 alongwith that of one witness Shiv Nath and observed that a case under Section 406 IPC is made out against the accused. It was further observed that according to Section 202 Cr.P.C., after recording of the evidence, the case has to be sent for investigation and the same is sent for investigation to the police and the police is directed to conduct the investigation and submit the report before this court on or before 30.3.2007. On this order which finds a reference in the FIR, the FIR was registered and the police conducted the investigation in the case. The final report was also filed under Section 173 Cr.P.C. on 5.7.2007 and subsequently, the cognizance was also taken by the Court.

(3.) I have heard the learned Counsel for the parties and have gone through the record of the case.