K.L.Dhar and others vs Muzaffar Ahmad

Through the medium of this petition under Section 561ACr. P. C., the petitioners seek quashing of complaint titled Muzaffar Ahmad Vs. K. L.

Dhar and others, pending before Judicial Magistrate First Class, Banihal, under Sections 323/504/420/506 RPC.

Heard learned counsel for the parties.

During the course of hearing of this petition, it transpired that the learned Magistrate had issued process against the petitioners on the basis of the

statements of the complainant and his witness, Mohammad Iqbal, which statements appeared to have been recorded without administering oath.

These statements could not, thus, form basis for considering issuance or otherwise of process under Section 204 of the Code of Criminal

Procedure.

Section 200 of the Code of Criminal Procedure mandates the Magistrate to record the statements of complainant and his witness/s upon oath

and not otherwise.

This mandate having not been followed by Magistrate renders his order dated 20th of May, 2004 unwarranted and illegal.

In this view of the matter, order of the learned Magistrate dated 20th of May, 2004 is set aside and proceedings pending before Judicial

Magistrate First Class, Banihal, in complaint titled Muzaffar Ahmad Vs. K. L. Dhar and others, quashed.

This petition is, accordingly allowed.