RADHEY Vs. GIRWAR

JUDGEMENT

(1.) THIS is a reference by the Additional District Magistrate of Bharatpur.

(2.) THE facts leading to the reference may be put thus: a complaint was lodged on 3-12-1956, by Girwar in the Court of the Sub-Divisional Magistrate, Bharatpur against Radhey, Makhan and others under sections 447, 352, 504 and 506, I. P. C. The case was transferred by the Sub-Divisional Magistrate to the Court of the Magistrate First Class, Bharatpur for disposal according to law. The Magistrate, after issuing process to the accused, on 6-5-1957 dismissed the complaint under Section 259, Criminal P. C. , for the reason that the complainant was absent. The complainant, however, filed a fresh complaint on the same day on the same facts in the Court of the learned Magistrate, First Class, and fresh proceedings were taken by the Magistrate and after issue of process to the accused evidence of the complainant was recorded. An objection was raised on behalf of the accused that the Magistrate once having dismissed the case under Section 259 had no jurisdiction to entertain a fresh complaint, as a fresh complaint could be taken cognizance of by the Sub-Divisional Magistrate alone and not by the Magistrate, first Class for the reason that the area in which the offence was alleged to have been committed lay outside the local area assigned to the Magistrate, First Class under orders of the District Magistrate. The Magistrate, First Class after hearing the arguments of the parties, rejected the objection and held that he had jurisdiction to proceed with the case. The accused persons went in revision to the Court of the Additional District Magistrate, who has made this reference. In the opinion of the learned Additional District Magistrate, as the area assigned to the Magistrate, First Class did not include the police station, kumher where the offence was alleged to have been committed, the Magistrate had no jurisdiction to take cognizance of the fresh complaint. The Magistrate, First Class took cognizance of this case on account of an order of transfer. The learned Additional District Magistrate has further recommended that the order of the Magistrate should be set aside and the complainant be directed to file a fresh complaint in the Court of the Sub-Divisional Magistrate having jurisdiction of the area of police station, Kumher.

(3.) NOTICE was issued to the Government Advocate. The parties did not enter into their appearance, and hence the arguments of the learned counsel for the State only were heard.