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Rajesh Rawat vs Karan Singh Dagar

Punjab And Haryana At Chandigarh · Decided on 23 March 2006 · Citation: (2006) 2 RCR(Criminal) 710

HON’BLE JUDGES
M.M. Aggarwal, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 203, 398
RESULT
Allowed
CASE NUMBER
Criminal R. No. 1350 of 2004
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Judgment

8 paragraphs · 356 words

M.M. Aggarwal, J.—Heard. Karan Singh respondent had filed a complaint against the present petitioners for the offence under Sections 452/395/506/323 IPC. After recording preliminary evidence that complaint was dismissed by Sub Divisional Judicial Magistrate, Palwal. Then Karan Singh had filed a revision petition and Sessions Judge, Faridabad had vide impugned judgment dated 11.3.2004 allowed the petition. Sessions Judge had directed the Magistrate to issue process for summoning the accused to face trial in accordance with law.

2.

Counsel for the petitioner argues that when the complaint was dismissed u/s 203 Criminal Procedure Code by the Magistrate, then Sessions Judge could make an order for further enquiry and proceedings in accordance with law. No directions for summoning and issuing process could be given as per Section 398 Criminal Procedure Code.

Section 398 Criminal Procedure Code provides as under :

Power to order inquiry - On examining any record u/s 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrate subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed u/s 203 or sub-section (4) of Section 204 or into the case of any person accused of an offence who has been discharged:

Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.

3.

In the present case, complaint had been dismissed u/s 203 Criminal Procedure Code. When a revision against that order was accepted by the Sessions Judge then Session Judge was to give directions to the Chief Judicial Magistrate or the trial Magistrate to make further enquiry and then make orders.

Under these circumstances, summoning order dated 11.3.2004 passed by the Sessions Judge is set aside. This petition is accepted to the extent that trial Court shall hold further enquiry in the matter and pass orders in accordance with law.

Petition partly allowed.