CHANDAN MAL JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Public Prosecutor and perused the record of the Cr. Original Case No. 53 of 1992 pending in the court of the Civil Judge (Jr. Division) and Judicial Magistrate 1st Class, Devgarh.

(2.) THIS petition is directed against the order dated 2.5.1992 passed by the Judicial Magistrate, whereby he took cognizance of the offences punishable u/Sections 147, 342, 323, 447 read with Section 149 of the Indian Penal Code and issued process against Madan Lal and others, including the three petitioners namely Chandan Lal Jain, Ashok Kumar and Prakash Chandra.

(3.) THE learned counsel for the petitioner has submitted that once the Magistrate accepts the final report submitted by the Police Officer after conducting an investigation, the Magistrate cannot take cognizance of the offences on the basis of the complaint filed by the complainant. The question of law arising for decision in this case is no longer res integra, in view of the judgment of the Hon'ble Supreme Court in Gopal Vijay Verma v. Bhuvneshwar Prasad Sinha, 1982(3) SCC 510. In that case, the Hon'ble Supreme Court observed :-