GHEESU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the record of the case No. 674/86, State v. Gheesu Lal.

(2.) It appears that Gheesu Lal (petitioner) filed a complaint in the Court of learned Chief Judicial Magistrate, Pali on 16-12-1985 against three persons, namely, Suresh Chandra, Mod Singh and Vinayak Sharma making allegations relating to commission of offences punishable under Ss. 457, 380, 427 read with S. 34, I.P.C. The complaint was sent to the Superintendent of Police, Pali under S. 156(3), Cr. P.C. for investigation. The police registered a case No. 525/85 under Ss. 457 and 380, I.P.C. on the basis of the complaint filed by Gheesu Lal. After investigation the police submitted a final report and further submitted a duly prepared draft of the complaint under S. 211, I.P.C. on printed form bearing No. R.P. Form No. 96.

(3.) The learned Chief Judicial Magistrate took cognizance of the offence under S. 211, I.P.C. on 1-5-1986 on the basis of the complaint signed by him. The complaint on which the learned Chief Judicial Magistrate took cognizance of the offence under S. 211, I.P.C. was none other but the contents of the complaint prepared by the Police Officer on printed form R.P. Form No. 96. What the learned Chief Judicial Magistrate appears to have done that he merely signed this complaint and took cognizance of the offence u/S. 211, I.P.C. There was absolutely no inquiry u/S. 340, Cr. P.C.