GOKUL CHAND SHAHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard Shri Gokul Chand who is present in court. He filed complaint before the Magistrate for various offences against the non -petitioners whom he wanted to make accused. In the complaint various facts were mentioned. The Magistrate concerned asked him to give: statement after the complaint was to be considered. Shri Shahu admits and concedes that he refused to give statement. His case is that he wants an enquiry by the police.

(2.) IT is well established that when a private complaint is filed then the complainant should verify the facts what ever he can by his own statement under Section 200 Cr. P.C. and then it is for the Magistrate either to conduct an; enquiry under Section 202 Cr. P.C. by asking him to produce more evidence or to send the case for investigation or enquiry by the police. The complainant Shahu in this case has refused to examine himself under Section 202, Cr. P.C. That being so the Magistrate was justified in rejecting the complaint.