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Code of Criminal Procedure, 1973 - ss.244, 340 and 343 -Statement of respondent, a prose.cution witness, reco_rded u/s.164,Cr.P. C by Magistrate - While testifying in the Session's trial,respondent resiled from. this statement- Sessions Court being primafacie ofthe view that the respondent deliberately made contradictorystatements on oath in order to screen/favour the accused in thesession's trial, without conducting any inquiry as permissible u/s. 340, directed respondent's prosecution by filing complaint against him u/s..193,IPC - Accordingly, a complaint was filed against the respondent uls.193,JPC in the Court of Chief Judicial Magistrate - .In the proceedings, prosecution examined three witnesses from thelist apart from the complainant-Sessions Judge - Thereafter,Magistrate framed charges against the respondent uls.193,IPC -Application by respondent before Magistrate for dropping· of the proceedings against him, rejected - Revision before Court ofSessions also rejected - High Court quashed the charges againstthe respondent holding it to be premature and in violation ofprocedure prescribed uls.244,Cr.P.C. - According to High Court the complaint ought to have been construed to be a case otherwisethan on polite report to which warrant procedure was applicable,thus, charge could not have been framed against respondent as theprosecution had not adduced all its evidence at that_ stage, asrequired u/s.244,Cr.P.C - Plea of appellant-State before SupremeCourt that in terms ofs.343,Cr.P.C the case though registered on acomplaint u/s.340 was to be dealt with as if instituted on a police report, for which the rigour of the procedure u/s.244,Cr.PC wasinapplicable - Held: Approach of High Court is.wholly indefensible,as u/s. 343(1), CrPC. C the procedure prescribed for cases institutedotherwise than on police report is not attracted qua a complaint u/s.340, CrPC. C. - impugned judgment of High Court is unsustainable Trial Magistrate to proceed from the stage of framing of charge, strictly in compliance ofs.343(1),CrPC- Penal Code; 1860- s.193-Code of Criminal Procedure, 1898 - s.476.Words & Phrases - "Complaint", "inquiry", "investigation","police report", "summons-case" and "warrant-case "~Meaningof- Explained - Code of Criminal Procedure, 1973 - ss.2(d), 2(g), 2(h), 2(r), 2(w) and 2(x).Code of Criminal Procedure, 1973 - 'Inquiry' and'Investigation' - Difference between - Discussed.Code ofCriminal Procedure, 1973 - s.195 - Offences u/Cl.(a)and (b) -· Cognizance of - Conditions for - Held: Vis-a-vis the offences enumerated in clause (a), cognizance is permissible onlyon a complaint in writing of the public servant concerned or ofsome other public servant to whom he is administrativelysubordinate- For offences in clause (b), a complaint in writing ofthe Court or by such officer ofthe Court, as that Court may authorisein writing or ofsome other Court to which that Court is subordinate is an imperative precondition.Penal Code, 1860 - s.193 - Offence under - Summons caseor warrant case '- Held: An offen<:r{.'uls.193 would constitute a warrant case.Code of Criminal Procedure, 1973- s.195- Offences underCl.(a) & (b)- Summons cases or warrant case- Held: Having regardto the punishments prescribed therefor, the offences detailed inclauses (a) and (b), give rise to "summons" as well "warrant-cases".Code of Criminal Procedure, 1973- Chapter XIX- ss.238-243, ss. 244-247- Trial of warrant cases by Magistrate in cases instituted on a police report and in cases instituted otherwise thanon police report - Procedure adopted for - Distinction between -·Held: The distinction lies in the fact that whereas in the former,there is no scope for the prosecution to examine any witness at thestage where the Magistrate is to consider whether a charge is to beframed or not, in cases instituted otherwise than on a police report,after the accused appears or is brought before the Magistrate, theprosecution is required to adduce all such evidence in support ofhis case.Code of Criminal Procedure, 1973 - Chapter XXVI - s.340 -Complaint under - Two essential pre-requisites for – Explained Code of Criminal Procedure; 1973,.... s.340 - Enquiry under - Scope of - Held: Scope scrutiny u/s.340 .is to decide whether onthe materials available the matter requires. inquiry by a criminalcourt and whether it is expedient in the interests of justice to havean inquiry into the offence affecting administration of justice.Code of Criminal Procedure, 1973 - s.343 - Procedure to be adopted by the Magistrate taking cognizance - Discussed.Words & Phrases - "as far as may be" - Meaning of - Codeof Criminal Procedure, 1973 - s.343(1) |
