NASIM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the order dated 09.04.2009 passed in Criminal Revision No. 03/2009 whereby the learned Sessions Judge, Godda has set aside the Order dated 03.12.2008 passed by the Judicial Magistrate 1st Class, Godda in P.C.R. No. 176/2008 (T.R. No. 1371/2008) and observed in para -5 as follows: -

(2.) THE prosecution case as made out by the complainant in P.C.R. No. 176/2008 is that on 27.03.2008 the petitioner Naseem Ansari in a drunken state, committed house trespass and tried to outrage the modesty of complainant/opposite party No.2, Sahnaj Begam (hereinafter referred to as the complainant). In course of making such attempt, lace of lower garments of the complainant was pulled by the petitioner. In order to make her protest effective she also caught hold baithi (sharp cutting instrument used for cutting vegetables) but she sustained injury on her finger when the petitioner tried to snatch it. When the petitioner could not succeed, he snatched away golden chain and fled away from the place.

(3.) IT is submitted that purpose of holding inquiry under Section 202. Cr. P.C. is restricted to the extent if there is no sufficient ground for proceeding the complaint shall be dismissed for which reasons in brief is required to be recorded or if in the opinion of Magistrate there is sufficient ground for proceeding. Court shall issue process. In the circumstances where the process has ordered to be issued against the accused to face trial under Section 204 Cr. P.C. the case will proceed further in accordance with law and in such situation the complainant is not at all aggrieved. It is also pointed out that the purpose of holding inquiry under Section 202 Cr. P.C. comes to an end as soon as order under Section 203. Cr. P.C. or order under Section 204 Cr. P.C. is passed. If the complaint stands dismissed the complainant shall be at liberty to take recourse to revisional jurisdiction of the Appellate Court and in the same manner if the accused finds himself aggrieved with the order passed under Section 204 Cr. P.C. he shall be at liberty to file revision or quashing petition against issuance of process before the Appellate Court.