Madhya Pradesh High Court
Satendra Patel vs The State Of Madhya Pradesh on 13 January, 2012
M.Cr.C. No.601/2012
13.1.2012
Shri Manish Datt, counsel for the
applicants.
Shri Prakash Gupta, Panel Lawyer for the
State/respondent no.1.
Since matter is related to register a complaint before the trial Court and therefore, in the present matter appearance of the respondents no.2 to 4 is not at all required.
With the consent of learned counsel for the parties, matter is heard finally.
The applicants have challenged the order dated 17.12.2011 passed by learned JMFC Lakhanadon (Smt. Nisha Vishwakarma) in unregistered criminal complaint (Satendra Patel and others Vs. Vinod Yadav and others) by which the application of the applicants under Section 156(3) of Cr.P.C was dismissed. However, complaint was sent to the Police S.O Lakhanadon for enquiry.
After considering the submissions made by learned counsel for the parties, I am of the view that the Magisterial Court may proceed with the complaint in two ways. Firstly, either the application under Section 156(3) of Cr.P.C may be accepted or secondly, Court proceeds with the provisions under Section 200 and 202 of Cr.P.C. In the present case application under Section 156(3) of Cr.P.C was dismissed and therefore, Magistrate was not competent to send the copy of complaint to S.O concerned for enquiry. If enquiry is required to be directed under Section 202 of Cr.P.C then still the complainant is to be examined under Section 200 of the Cr.P.C. Under such circumstances, second part of the order dated 17.12.2011 passed by learned JMFC appears to be erroneous. It is the discretion of the Court not to allow the application under Section 156(3) of Cr.P.C therefore, no interference is required in that part of the order. Hence, the order is partially quashed to the extent which does not relate to the conclusion drawn under Section 156(3) of Cr.P.C. Learned JMFC is directed to examine the complainant under Section 200 of Cr.P.C and thereafter proceed further under Section 202 of Cr.P.C according to the provisions of law.
With the aforesaid directions the application is disposed of.
Copy of the order be sent to the trial Court forthwith.
C.C as per rules.
(N.K. Gupta) Judge bina