Code of Criminal Procedure, 1973 – s.190(1)(b), s.200 – FIR lodged – Police report filed u/s. 173(2) Cr.P.C. – I.O. found that no evidence could be collected which could substantiate the allegations made in the FIR – Protest Petition filed along with affidavit – The CJM rejected the police report u/s. 173(2) Cr.P.C., however, proceeded to take cognizance for offences u/ss. 147, 342, 323, 307, 506 of the IPC and u/s. 190 (1)(b) of the Cr.P.C. – Appellant contended that once the CJM was relying upon additional material in the form of evidence produced by the complainant along with the Protest Petition then the only option for the CJM was to treat it as a complaint u/s. 200 Cr.P.C. and proceed accordingly following the due procedure in Chapter XV of the Cr.P.C. – Correctness:
Held: The CJM had actually taken into consideration not only the Protest Petition but also the affidavit filed in support of the Protest Petition as well as the four affidavits of witnesses filed along with the Protest Petition – It was based on consideration of such affidavits that the CJM was of the view that the investigation was not a fair investigation and these affidavits made out a prima facie case for taking cognizance and summoning the accused – In the instant case as the Magistrate had already recorded his satisfaction that it was a case worth taking cognizance and fit for summoning the accused, this Court is of the view that the Magistrate ought to have followed the provisions and the procedure prescribed under Chapter XV of the Cr.P.C. – Accordingly, impugned orders passed by the High Court and also the CJM are set aside. [Paras 7 and 11]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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