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Madhya Pradesh High Court · body

1998 DIGILAW 184 (MP)

A. P. Foam Pvt. Ltd. v. Jageshwar Dayal

1998-02-27

S.S.JHA

body1998
JUDGMENT Applicant is aggrieved by the order passed by learned Additional Chief Judicial Magistrate, Gwalior. A complaint was filed by the applicant but the Court has not proceeded under section 200 of the Code of Criminal Procedure and asked for the report of the police. It appears that Court is shirking from its responsibility in deciding the case. Section 200 of Code of Criminal Procedure provides that as and when complaint is filed, it is duty of the Court to examine the witnesses, and if it is not satisfied then it, may pass order under section 203 of dismissal of complaint or may call for report under section 202 of Code of Criminal Procedure but the Court cannot delay the proceedings. Attention of the Court is invited to Rule 110, 111 and 112 of Rules and Orders (Criminal). Rule 110 provides that section 200 of Code requires, except in cases covered by the proviso to sub-section (1) of that section, that the complaint shall be examined on oath "at once". Keeping complainants waiting about the Court for days before examining them or of fixing more or less distant dates for them to appear for examination is not only a direct violation of the law but may amount to a complete denial of justice. It is therefore, directed that the Court shall act under section 200 of the Code of Criminal Procedure and the Rules in Rules and Orders (Criminal) mentioned above. With the aforesaid observations, this application is dispose of and the proceedings initiated by the trial Court under section 202 of Code of Criminal Procedure calling for report is hereby set-aside. The Court is directed to proceed under section 200 of Code of criminal Procedure and if after the statements are recorded and the Court is not satisfied, then, he may ask for further investigation under section 202 of the Code of Criminal procedure. However, the proceedings drawn by the Court are incompetent. The Court shall look into the matter and consider the provisions and apply them and act accordingly. With the aforesaid observations. revision is disposed of.