BANSI LAL Vs. STATE

JUDGEMENT

(1.) Smt. Trishala Devi W/o Sat Pal, R/o Badheri, Tehsil and District Samba, sometime after 8th July, 2009 filed a criminal complaint against the present petitioner and other accused in the Court of JMIC (Munsiff), Samba, alleging therein that she was assaulted and injured by the petitioner and other accused and that they be punished for having committed offence punishable under Section 323/325/451/504 RPC. Learned JMIC (Munsiff), Samba took cognizance and issued process against the petitioner and other accused.

(2.) The respondent No. 2 while filing the complaint also appears to have lodged the report with local Police Station leading to registration of case FIR 237/09 under Section 323/325 RPC. While the complaint was pending before learned JMIC (Munsiff), Samba, the investigation in the matter was being conducted by the officer to whom it was entrusted. The investigation was concluded as proved against the petitioner and other accused and culminated in the charge-sheet presented before Additional Munsif/Judicial Magistrate 1st Class, Samba on 04.02.2011.

(3.) The order of learned Additional Munsif/Judicial Magistrate 1st Class, Samba, dated 8th April, 2011 was assailed in a criminal revision petition before learned Principal Sessions Judge, Samba. The ground urged in the revision petition was that learned JMIC (Munsiff), Samba having already taken cognizance in the matter on a complaint filed by respondent No. 2, the Additional Munsif/Judicial Magistrate 1st Class, Samba lacked the power to take cognizance on charge-sheet filed by Police Station, Samba relating to the same occurrence that was subject matter of criminal complaint before JMIC (Munsiff), Samba. It was urged that the procedure laid down under Section 205-E Cr.PC was not followed by learned Additional Munsif/Judicial Magistrate 1st Class, Samba and that once cognizance was taken on a complaint, learned Additional Munsif/Judicial Magistrate 1st Class, Samba had become "functus officio" and was stripped of any power to take cognizance on the charge-sheet filed during pendency of the complaint. Reliance was placed on law laid down in "Ibrahim Khan v. State of Rajasthan.,1999 CrLJ 345.