Research › Search › Judgment

Andhra High Court · body

2002 DIGILAW 324 (AP)

PULAGAM VENKATAREDDI v. State Of A. P.

2002-02-27

GOPALA KRISHNA TAMADA

body2002
GOPALA KRISHNA TAMADA, J. ( 1 ) THIS revision is directed against the order of the learned Magistrate dismissing the complaint at the SR stage after recording the sworn statements of pws. 1 and 2. The complaint allegations are that the complainant is absolute owner of vehicle bearing No. AP 31 N 3250 having purchased the same from one Karri Srinvas reddy and on 23-9-1999, the accused 1 and 2 trespassed into his house and took away the motor-cycle stealthily with cash of rs. 50,000/- and Raybon Spectacles worth about Rs. 2,300/- which are kept in the vehicle. Though a telegraphic report was given to the SHO Anaparthy and Inspector of police of Anaparthy, subsequently, a written complaint was also given, as the police have not chosen to file any charge sheet, a private complaint was also filed. ( 2 ) THE learned Magistrate, after recording the sworn statements of PWs. 1 and 2 has dismissed the complaint under section 203. A perusal of the order of the learned Judicial First Class Magistrate, ramchandrapuram, makes it clear that the learned Judicial Magistrate has conducted a full fledged enquiry in coming to the conclusion that no offence is made out, which in my considered view is wrong, as held by the Apex Court in Mohinder singh v. Gulwant Singh, AIR 1992 SC 1894 , wherein the Hon ble Apex Court held as follows:"the scope of enquiry under Section 202 is extremely restricted only to finding out the truth or otherwise of the allegations made in the complaint in order to determine whether process should be issued or not under section 204 of the Code or whether the complaint should be dismissed by resorting to Section 203 of the Code of the footing that there is no sufficient ground for proceeding on the basis of the statements of the complainant and of his witnesses, if any. But the enquiry at that stage does not partake the character of a full dress trail which can only take place after process is issued under Section 204 of the Code calling upon the proposed accused to answer the accusation made against him for adjudicating the guilty or otherwise of the said accused person. But the enquiry at that stage does not partake the character of a full dress trail which can only take place after process is issued under Section 204 of the Code calling upon the proposed accused to answer the accusation made against him for adjudicating the guilty or otherwise of the said accused person. Further, the question whether the evidence is adequate for supporting the conviction can be determined only at the trial and not at the stage of the enquiry contemplated under Section 202 of the Code. To say in other words, during the course of the enquiry under Section 202 of the Code, the enquiry officer has to satisfy himself simply on the evidence adduced by the prosecution whether prima facie case has been made out so as to put the proposed accused on a regular trial and that no detailed enquiry is called for during the course of such enquiry. " ( 3 ) AT the stage of recording the sworn statements, what is to be seen is as to whether the witness examined on the basis of the complainant is speaking to the facts narrated in the complaint. But in the instant case, the learned Magistrate at paragraph No. 10 of the judgments has gone into the fact as to whether the motorcycle bearing No. AP No. 31 N 3250 is purchased by the complainant or not etc. I do not think, it is permissible under law. ( 4 ) IN the light of the above discussion, I set aside, the impugned order dated 4-1-2000 and remit the matter back for fresh consideration by the learned Magistrate, as to whether the complaint allegations and the sworn statements of PW1 and PW2 prima facie tally with each other or not and if so, I direct the Magistrate to take cognizance of the offence and proceed further with the trial in accordance with law. ( 5 ) IN the result the Criminal revision case is allowed.