DILIP SAHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition under S. 482, Cr. P.C. has been filed by the complainant-petitioner against the order dated 13-9-2001 passed by the learned Judicial Magistrate, First Class, Sri Ganganagar by which he instead of forwarding the complaint for investigation to the police under S. 156(3) Cr. P.C., has himself proceeded to post the matter for enquiry under Ss. 200 and 202 Cr. P.C.

(2.) It arises in the following circumstances:- A complaint was filed by the petitioner-complainant on 11-9-2001 before the Court of Judicial Magistrate, First Class, Sri Ganganagar against Radhey Shyam and Sub-Registrar, Sri Ganganagar stating inter alia that the accused persons mentioned in the complaint have committed the offences punishable under Ss. 420, 463, 464, 465, 467, 468, 471 and 120-B IPC. On that complaint, the learned Judicial Magistrate, First Class, Sri Ganganagar heard the counsel for the complainant-petitioner on 12-9-2001 and reserved the order and passed the order on 13-9-2001 by which he instead of sending the complaint under S. 156(3) Cr. P.C. to the police for investigation, he himself took cognizance on that complaint and put up the complaint on 5-10-2001 for recording the statements of the complainant and his witnesses under Ss.200, 202, Cr. P.C. Aggrieved from the said order dated 13-9-2001 passed by the learned Judicial Magistrate, First Class, Sri Ganganagar, the complainant-petitioner has filed this misc. petition under S. 482, Cr. P.C.

(3.) In this petition, the learned counsel for the petitioner-complainant has raised the following two submissions :- (i) That once the complaint was filed before the learned Magistrate and if there was a request on behalf of the counsel for the complainant that the complaint be sent to the police for investigation under S. 156(3), Cr. P.C. then the learned Magistrate was bound to send the complaint to the police under Section 156(3), Cr. P.C. for investigation and keeping the complaint with himself for recording statements of the complainant and his witnesses under Ss. 200, 202, Cr. P.C. is illegal and that impugned order on this point should be set aside. (2) That since before the filing of the complaint in the Court of Judicial Magistrate, First Class, Sri Ganganagar, an FIR was also lodged before the SHO, Jawaharnagar, Sri Ganganagar by the petitioner-complainant, but that FIR was returned to the complainant-petitioner by the SHO, Police Station Jawaharnagar, Sri Ganganagar stating that the facts narrated in the FIR did not make out any cognizance offence and, therefore, the order of the SHO, Jawaharnagar, Sri Ganganagar returning the FIR is illegal and without jurisdiction.