Arjun Lal Das and Another vs State of Bihar

Abhijit Sinha, J.—The petitioners who have been impleaded as accused in Complaint Case No. 533(C)/2004 are aggrieved by order dated 22.9.2005 passed therein by the learned Chief Judicial Magistrate, Supaul, whereby cognizance has been taken under Sections 323, 354, 452/34 I.P.C. and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the S.C. & ST. Act) and have prayed for quashing of the same. One Sabiya Devi, the complainant, filed the aforesaid complaint on 24.7.2004 inter alia alleging that at around 8 P.M. on 12.7.2004 while the prosecutrix having taken her meals was going to sleep, the two accused entered into her house assaulted her with slaps and fists and divesting her of her sari attempted to commit rape. It is also alleged that as she tried to raise nulla they threatened her. However, she was saved by the arrival of the neighbours who were attracted by her cries and while leaving they threatened that she had been saved today but they in future would also rape her daughter. At the instance of the complainant and the eye witnesses a Panchayati was arranged before the local Mukhia on 19.7.2004 whereat the accused persons refused to obey the decision of the Panchayat.

It has been submitted by the Learned Counsel for the petitioner with reference to order dated 30.8.2005 passed by the learned Magistrate that he had expressed his desire to peruse the documents presented at the Panchayati in order to pass proper orders but such documents not having been produced the learned Magistrate had taken cognizance by the impugned order dated 22.9.2005 only oh the basis of the evidence led at the inquiry u/s 202 Cr.P.C.

Section 190 Cr.P.C. deals with the subject of taking cognizance of offences by Magistrates and sub-section (1) thereof provides that any Magistrate empowered in this behalf under sub-section (2) may take cognizance of any offence (a) upon receiving a complaint of facts which constitute such offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge that such offence has been committed. Therefore, this section states the various ways in which the Magistrate can take cognizance of offences.

On receipt of a compliant the Magistrate may take cognizance of the offence and proceed to record the statements of the complainant and witnesses present u/s 200 Cr.P.C. Therefore, if in his opinion there is no sufficient ground he may dismiss the complaint u/s 203 Cr.P.C. but if there is sufficient grounds he may issue process u/s 204 Cr.P.C. For taking cognizance the Magistrate has to rely only on the materials that come before him from the statement of the complainant on S.A. and the testimony of the witnesses of the complainant who are examined but he cannot rely on any extraneous documents or matter.

In the instant case though the Magistrate was initially inclined to look into the documents presented before the Panchayat but did not peruse the same and took cognizance only on the basis of materials available from the inquiry u/s 202 Cr.P.C. it cannot be said that the learned Magistrate had not acted in accordance with law. The non-perusal of the documents purportedly filed before the Panchayat would not render the order taking cognizance non est. Accordingly I find no merit in this application which is dismissed.