Rattan Amol Singh and anr. vs State of Punjab and anr.

S.S. Sodhi, J. (Oral)

The challenge in this petition under Section 482 of the Code of Criminal Procedure, 1973, is to the impugned order of the Chief Judicial Magistrate, Sangrur, directing the registration of a case under Section 406 of the Indian Penal Code against the petitioner in the purported exercise of the power vested in him under sub Section (3) of Section 156 of the Code of Criminal Procedure, 1973.

The matter here arises from a complaint filed against the petitioner by Preetinder Kaur under Sections 405 & 406 of the Indian Penal Code. The trial Magistrate, after recording some evidence of the respondent Preetinder Kaur, came to the finding that he was satisfied that a primafacie case against the respondents under Section 406 of the Indian Penal Code existed and then proceeded thereafter to sent the complaint to the Station House Officer, Police Station, Sangrur, under Section 156 of the Code of Criminal Procedure, 1973, for the registration of a cases against all the accused and then to investigate it. Such an order is clearly not envisaged under Section 156 of the Code. Under subsection 3 thereof, all that the Magistrate is empowered to do is to order an investigation and no more. This being so, the impugned order of the Chief Judicial Magistrate, directing the registration of the case against the respondent and the registration of the case by the police, as a consequence hereof are hereby quashed. The matter is accordingly now remitted to the trial court for further proceedings in accordance with law. The petition is disposed of accordingly.

Parties are directed to appear before the Chief Judicial Magistrate, Sangrur on December 15, 1987.