STATE OF H P Vs. NEERAJ SHARMA

JUDGEMENT

(1.) This case is based on commission of offences punishable under Sections 186 and 189 of the Indian Penal Code. It appears that this complaint by the Police was filed under Sec. 173 of the Crimial P.C. However, the format of the complaint does not mention whether it is specifically filed under Sec. 173 Crimial P.C. or was filed in the form of complaint under Sec. 190(b) of the Crimial P.C. It has been presented through Station House Officer, Police Station, Sadar, District Solan. Since, the learned Judicial Magistrate did not record the statement of the complainant under Sec. 200 Cr.P.C prior to recording his satisfaction under Sec. 204 Crimial P.C. hence, the learned Judicial Magistrate took it as a case based on police report under Sec. 173(2) Crimial P.C. Be that as it may, it would not affect the outcome of the verdict.

(2.) The gist of the complaint is as follows:

(3.) Learned Chief Judicial Magistrate, Solan put notice of accusation to the accused/respondent, for commission of offences under Sections 186 and 189 Penal Code and proceeded to record statement of witnesses on oath.