STATE Vs. HEERA

JUDGEMENT

(1.) THIS case has been referred to a Division Bench by Chhangani, J. as in the opinion of the learned Judge the point involved in this case requires consideration by a larger Bench.

(2.) THE point referred to us may be stated, as follows: "whether a Magistrate empowered to take cognizance of the offence on a Police report can order the Police to submit a charge-sheet in a case in which the officer-in-charge of the Police Station concerned has forwarded a report to the effect that on investigation no offence has been made out. "

(3.) THERE are two decisions of this Court on this point and they are Lumba Ram v. State, ILR (1956) 6 Raj 469 and State v. Mohan, ILR (1959) 9 Raj 671. This matter has been considered by various High Courts in India and there is divergence of judicial opinion on this point. Some of the cases of various other High Courts in India bearing on this point are--A. K. Roy v. State of West Bengal, AIR 1962 Cal 135 (FB)Uma Singh v. Emperor, AIR 1933 Pat 242; Raghunath Puri v. Emperor, AIR 1932 Pat 72: Sukadeva Sahay v. Harrid Miyan, AIR 1928 Pat 585; Mahabir Prasad Agarwala v. State, AIR 1958 Orissa 11; State v. Murlidhar Govardhan, AIR 1960 Bom 240; Rama Shanker v. State of Uttar Pradesh, AIR 1956 All 525; Narendralal Mukheriee v. State, AIR 1956 Assam 127 (2); Abdul Rahim v. Abdul Muktadin, AIR 1953 Assam 112, Kachu Gogoi v. The State, AIR 1951 Assam 151; Venkata Subba Rao v. Naraharisetty Anjanayulu, AIR 1932 Mad 673; Harbir Singh v. State, AIR 1952 Pepsu 29; Mt. Ido v. Gainda Singh Sobha Singh, AIR 1952 Assam 38 and Amar Premanand v. State, AIR 1960 Madh Pra 12. Before we take up these cases for consideration, we think it proper to consider the provisions of Criminal Procedure Code touching this point.