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2014 DIGILAW 994 (MP)

Mayabai v. Gendu @ Kanahiya Patel

2014-08-11

TARUN KUMAR KAUSHAL

body2014
JUDGMENT 1.Present petition is directed against the order dated 15.5.2014 passed by 3rd A.S.J. Mandla in Criminal Revision No. 47 of 2012 by which order dated 21.7.2012 taken cognizance in criminal case against the respondent under Indian Penal Code was affirmed. 2. Considering the fact that complaint on the basis of which the cognizance was taken was also preferred under Schedule Caste Act and in order of Magistrate nothing has been mentioned regarding offence under aforesaid Act. 3. No doubt, in the domain of the trial Court, whether private complaint is dismissed at the stage of 203 of Cr.P.C., if the case is groundless or after to proceed under Section 204 of Cr.P.C., if cognizance has been taken for a particular offence. Without making any comments on merit of the case, both orders are quashed with the direction to trial Court that after the stage of 202 of Cr.P.C., trial Court should mention specifically that for what offence cognizance has been taken and why and for what offence case was found groundless and why? 4. Meaning thereby, by a well reasoned order, though not elaborate, cognizance should be taken be declined as the case may be. Petition is disposed of with the aforesaid directions.