Jaspal Kaur vs Inder Singh and ors.

A.P. Chaudhry, J. (Oral)

Smt. Jaspal Kaur filed a complaint under section 406/498A of the Indian Penal Code against her husband Raghbir Singh. fatherinlaw Inder Singh, motherinlaw Chanan Kaur brotherinlaw Sukhbir Singh and sistersinlaw Simarjit Kaur and Manjit Kaur, on 10th September, 1987. The complainant appeared as PW I and examined Sat Pal, PW 2 and Satnam Singh, PW3 by way of preliminary evidence.

Learned Judicial Magistrate, 1st Class, Nawanshahr, vide his order dated 18th November, 1987, directed the husband Raghbir Singh alone to be summoned and by neceessary implication dismissed the complaint as against the other respondents. Aggrieved by the said order, the complainant has filed this revision petition.

The respondents have failed to appear inspite of service.

Section 203 of the Code of Criminal Procedure, 1973 reads as under :

"203. Dismissal of complaint. If after considering the statements on oath (if any) of the complainant and of the witnessess and the result of the inquiry or investigation (if any) under Section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing."

It is settled law that the order passed under section 203 of the Code of Criminal Procedure is a judicial order, which implies that the learned Magistrate has to record his reasons howsoever briefly for dismissing the complaint. The same view was taken in Udey Bir Singh Versus Smt. Shakuntala Devi and others, 1974 Cri. L.J. 187. 1 am in agreement with the view expressed therein. The revision petition is, therefore, allowed. The order in so far as it dismisses the complaint against the remaining respondents is set aside. The learned Magistrate will, after hearing the learned counsel of the complainant, pass an appropriate order, according to law.

The complainant, through her counsel, is directed to appear in the trial Court on 20th May, 1988.