LEHARULAL Vs. RAM CHANDRA

JUDGEMENT

(1.) By filing the present miscellaneous petition under Section 482, Cr.P.C. the petitioner has challenged the judgment/order dated 22.03.2005 passed by the Addl Chief Judl. Magistrate, Gangapur in Criminal Case No.33/2005, whereby the complaint filed by the petitioner has been dismissed.

(2.) Learned counsel for the petitioner submits that the petitioner filed complaint before the Addl. Chief Judl. Magistrate, Gangapur against the non-petitioners for offences punishable under Sections 420 and 120B, I.P.C. It is contended that under Section 156(3) of the Code of Criminal Procedure, upon the complaint the learned Magistrate was under obligation either to send the complaint for investigation while exercising power under Section 190, Cr.P.C., or, to proceed to grant opportunity to the petitioner to lead his evidence after examination of the complaint as provided under Section 200 of the Code of Criminal Procedure.

(3.) Learned counsel for the petitioner contended that in the present case the complaint was filed by the complainant petitioner on 21.03.2005 and the learned Magistrate, on the next date i.e., 22.03.2005 rejected the complaint without sending for investigation under Section 156(3) or to proceed in accordance with Sections 200 and 202 of the Code and, therefore, the order passed by the learned trial Court rejecting the complaint is totally erroneous and against the principles of natural justice and settled position of law.