JANKI PRASAD Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr. P.C. against the judgment and order dated 18th July, 1987, passed by the Addl. Sessions Judge, Dausa, whereby he set aside the order dated 19th March, 1985, passed by the Munsiff-cum-Judicial Magistrate, Bandikui, in Criminal Complaint No. 129/1985.

(2.) The petitioner herein Janki Prasad lodged a report at the Police Station, Bandikui on 20th June, 1984 against non-petitioners No. 2 to 7, with regard to an incident which took place on 20th June, 1984, On receipt of this report, a criminal case No. 12 /1984 was registered at the Police Station Bandikui on the basis of the aforesaid FIR. As a result of investigation, the Police gave a final report on 31st Aug., 1984, which was accepted on 11th Oct., 1981, as on the basis of the Final Report it was found that no case under Sections 147, 336, and 447, Penal Code was made out. It has been submitted by the learned counsel for the petitioner that this Final Report was accepted by the Court without any notice to the petitioner. It has also been submitted that the petitioner did not file any protest petition before the Court, but a complaint was filed on 13th Nov., 1984. On the basis of this complaint, after following the procedure prescribed in the Code of Criminal Procedure, cognizance was taken by the Magistrate on 19th March, 1985 under Sections 147 , 447 and 336, IPC. Against this order dated 19th March, 1985, passed by the Munsiff & Judicial Magistrate taking cognizance against all the six accused non-petitioners i.e. non-petitioners No 2 to 7, a Criminal Revision was preferred by these accused-non-petitioners. The Revision Petition No. 30/1985 was allowed by the Addl. Sessions Judge, Dausa (Jaipur) on 18th July, 1987. Aggrieved against this order dated 18th July, 1987, petitioner Janki Prasad, who was complainant, has preferred this petition under Sec. 482, Cr. P. C.

(3.) It has been submitted by Shri Biri Singh, appearing for the petitioner, that the concerned Magistrate had the jurisdiction and competence to take cognizance of the offences under Sections 147, 447 and 336, Penal Code on the basis of the complaint filed by him The Additional Sessions Judge has failed to understand correctly the import of the decision of this Court, to which a reference has been made in the impugned order dated 18th July, 1987. The Addl. Sessions Judge made a reference to the decisions of this Court in Gopal Ram Bhabhada Vs. The State (Cr. L. R. Raj ) 1986, page 424 and Mst. Achna Vs. State of Rajasthan (Cr. L. R.) (Raj ) 1987, page 62 . Reference was also made to Dadam Chand Vs. The State of Rajasthan (Cr. L. R. (Raj.) 1987, page 315 ). There was a divergence of opinion in Gopal Rams case (supra) and Dadam Chands case (supra). He has also mentioned that Gopal Rams case was decided on 28th Jan., 1986 and Dadam Chands case (supra) was decided on 25th Aug., 1986. Dadam Chands case (supra) being latter in point of time, he has followed Dadam Chands case (supra; and relied upon yet another case in Mangilal Vs. State of Rajasthan & Anr. (1979 WN UC 188 ) Referring to a case of the Supreme Court reported as Adhiniyam Jha Vs. Dinesh Mishra (AIR 1968 SC 117 ), he has concluded that the Magistrate has committed an error in taking cognizance under Sec. 147, 447 and 336, Penal Code on the basis of the complaint which was filed before him after acceptance of the Final Report.