Research › Search › Judgment

Rajasthan High Court · body

2005 DIGILAW 1008 (RAJ)

Dunga Ram v. State of Rajasthan

2005-04-05

K.C.SHARMA

body2005
Judgment K.C. Sharma, J.-The petitioner has filed a complaint against Jagdish Prasad Sharma and Savitri Sharma for the alleged offence under Sections 419, 420, 464, 465, 467, 468, 469 and 471 IPC in the Court of Additional Chief Judicial Magistrate Sri Madhopur. On 15.03.2005 learned Magistrate recorded statement of the complainant under Section 200 CrPC and fixed the case on 19.03.2005 for producing documentary as well as oral evidence. On 19.03.2005, learned Magistrate exercising the powers vested in him by virtue of Section 202 CrPC forwarded the original complaint as well as the documents to the Station House Officer, Srimadhopur for investigation and to submit his investigation report to the Court on 23.05.2005. Being aggrieved of this order of the learned Magistrate, the petitioner has filed the instant petition. 2. Heard learned Counsel for the petitioner and also the learned Public Prosecutor. 3. Learned Counsel for the petitioner has contended that in the facts and circumstances of the case, there was no occasion for the learned Magistrate to forward the complaint as well as the documents submitted in support of it to the Station House Officer, Srimadhopur for investigation exercising powers under Sections 270 and 202 CrPC. Instead he should have taken cognizance against the accused. 4. After hearing learned Counsel for the petitioner, I have gone through the impugned order. At the very outset it may be observed that Counsel for the petitioner has misread the orders of the learned trial Court as if the learned trial Court has forwarded the statement of the complainant recorded under Section 200, CrPC along with the documents for investigation to the concerned S.H.O. under Section 270, CrPC. Whereas in fact the learned Magistrate has forwarded statement of the complainant alongwith the documents for investigation to the concerned S.H.O. under Section 202, CrPC. 5. Sub-section (1) of Section 202, CrPC provides that any Magistrate, on receipt of a complaint of an offence of which he is authorized to take cognizance or which has been made over to him under Section 192, CrPC, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding. Provided that no such direction for investigation shall be made (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or (b) where the complaint has not been made by a Court, unless the complainant and the witness present if any have been examined on oath under Section 200. Thus, under Section 202, a Magistrate has power to direct an investigation to be made by a police officer. 6. If impugned order is judged in the light of the aforementioned legal proposition, I am of the view that the learned Magistrate has committed no error in forwarding the complaint and the documents for investigation by the police. 7. For the discussions above, I find no substance in the petition and the same is, hereby, dismissed.