BANSI LAL GUPTA Vs. SANTHOSE DOGRA

JUDGEMENT

(1.) -A complaint under Sections 500, 501 and 502 RPC was filed before the trial court against the petitioner and four other respondents. The genesis of the complaint reveals that accused No. 1 to 5 in their Newspaper Early Times dated 31. 5. 2003 levelled an allegation that the proprietor of JK Public School Kunjwani, jammu is involved in flesh trading and has been supplying some female teachers and staff members to entertain higher ups in bureaucratic circle for his business interests. It is also alleged in the said complaint that the woman who was photographed nude with Gopal Arya Mission Proprietor ashok Mahajan, was also a teacher of JK public School. This was done to blackmail ashok Mahajan. On this complaint coming up process under Section 500,501,502 cr. P. C. was issued and the accused persons were summoned. Against this process, a revision was taken up before the 3rd additional Sessions Judge, Jammu. Following grounds were taken up before the 3rd Additional Sessions Judge, Jammu:

(2.) THE revisional court dismissed revision petition on the ground that no reasons are required for issuing process under Section 204 Cr. P. C. The Magistrate can take cognizance of offence once there are sufficient grounds for proceeding in the matter. There is no requirement of giving reasons for issuing such a process. Revision petition arises out of an order which is interlocutory in nature and the revisional court cannot interfere against such order. It is against this order of learned 3rd Additional Sessions judge that the present petition under section 561-A Cr. P. C. has been filed.

(3.) I have heard learned counsel for the parties and perused the record.