Honble SINGH, J.–Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the record of the lower court. It appears that after the registration of the F.I.R. No.222 datd 20th June, 95 at Police Station, Raisinghnagar, an investigation was conducted and after investigation a final report was submitted by the police. The petitioner Krishan Lal filed a protect petition and thereafter, the learned Judicial Magistrate took cognizance of the offences alleged in the complaint under Clause (A) of sub-section (1) of Section 190 Cr.P.C. and examined Krishan Lal under Section 200 Cr.P.C. Manjit Singh and Bharat Ram Meena were examined u/S. 202 Cr.P.C. After hearing the arguments, the learned Judicial Magistrate dismissed the complaint under Sectin 203 Cr.P.C. and he further rejected the protest petition and accepted the final report. (2). Acceptance of the final report and dismissal of the complaint u/S. 203 Cr.P.C. are two different things. It would be in the interest of justice that the proceedings initiated on the police report submitted by the police u/S. 173 Cr.P.C. and the proceedings initiated on a complaint under Clause (A) of sub- section (1) of Section 190 Cr.P.C. should be treated as separate proceedings, though there might be relating to the same matter. (3). The learned counsel for the petitioner has submitted that the impugned order by which the learned Judicial Magistrate declined to issue process against the accused persons is bad in law. He has further submitted that the petitioner was directed to be examined medically while he was under arrest and direction in that behalf was given to the Sub-Jailor of the Jail, where the petitioner was confined and since the petitioner was in Jail, he could not produce the medical certificate of the injuries received by him on account of the beating given to him by the accu- sed persons, the interest of justice require that he should be given an opportunity to produce the medical certificate in evidence in order to corroborate the allegations made by him in his complaint as well as in his statement recorded under Section 202 Cr.P.C. (4).
The statement of Bharat Ram, who was at the relevant time holding the post of Additional Chief Judicial Magistrate shows that Shri Bharat Ram saw the police officers taking the petitioner towards the Police Station in their custody and at that time rough treatment was being given to the petitioner. (5). Taking into consideration all the facts and circumstances of the case, it appears to be just and proper that the impugned order by which issue of process against the accused persons were declined u/S. 204 Cr.P.C. and the complaint of the petitioner was dismissed u/S. 203 Cr.P.C. be quashed and set-aside and further inquiry u/S. 309 Cr.P.C. be quashed. The impugned order dated 13th June, 97 is therefore, quashed and set-aside and the case is remanded back to the learned Judicial Magistrate with the direction that he will give an opportunity to the com- plainant to produce the medical certificate and such other evidence, as he may be desirous to produce in support of the allegations made by him after production of the evidence, if any, the case shall be disposed of in accordance with law. A copy of this order alongwith the record of the lower court be sent to the lower court without any delay. (6). The petition is disposed of accordingly.