STATE Vs. MOHAN

JUDGEMENT

(1.) THIS is a reference by the Additional District Magistrate, Udaipur, recommending that the order of the Sub-Divisional Magistrate, Rajsamand, directing the police to submit a charge-sheet in a case under sec. 336 and 380 I. P. G. which they found to be true on enquiry, be set aside on the ground that there is no express provision for it in the Code of Criminal Procedure.

(2.) A complaint was filed in the court of the learned Sub-Divisional Magistrate, under secs. 366 and 380 I. P. C. by one Mohan Bhamohi. The learned Magistrate recorded the statement of the complainant under sec. 200 Cr. P. C. , postponed the issue of process for compelling the attendance of the persons complained against and directed a police enquiry for the purpose of ascertaining the truth or falsehood of the complaint as contemplated under sec. 202 Cr. P. C. The police delayed the submission of report for a long time, but after several reminders it was reported by them that the allegations made in the complaint were true. This S. D. M. then ordered the police to submit a charge-sheet against the accused persons. A revision application was then filed in the court of the Additional District Magistrate by the prosecution inspector on which the present reference has been made. The learned Additional District Magistrate is of the opinion that the proper course for the Magistrate was to issue process for the accused persons as provided under sec. 204 Cr. P. C. and proceed with the case upon complaint.