The court has the authority to take cognizance of an offence on a private complaint irrespective of the fact that a charge-sheet is filed by the police and the offence therein is taken cognizance of.

V. BHASKARA RAO, J.

( 1 ) THE question of law that arises for consideration in this revision is, whether filing of a charge-sheet by the police is a bar for the court to take cognizance of the offence on a private complaint filed.

( 2 ) THE petitioner herein filed a complaint against the respondents alleging certain offenfces under Sections 416,418,419,465,466,468,406 and 420 r/w 109 I. P. C. The lower court after recording the sworn statement of the petitioner dismissed the complaint on the ground that at the instance of some person the case was registered by the police, investigation was made and a charge-sheet was also filed and therefore it is not desirable to take the complaint on file and issue process. It is this order that is subject matter of challenge in this revision.

( 3 ) AS submitted by Mr. Padmanabha Reddy, the court on receipt of a complaint filed shall examine on oath the complainant and the witnesses, if any, present under Section 200 Cr. P. C. and thereafter the court, if thinks necessary, may proceed as per Section 202 Cr. P. C. , by postponing the issue of process and may either inquire into the offence himself or direct investigation by the police under Section 156 (3) Cr. P. C. so much so, in a case where the court is satisfied that there are sufficient grounds as per the sworn statement of the complainant and other witnesses, if examined, and the complaint, it may take cognizance of th3 offence under section 190 Cr. PC In the absence of any such grounds, the court may also dismiss the complaint under Section 203 Cr. P. C. , without even resorting to section 202 Cr. P. C. However, the fact that a charge-sheet was filed by the police regarding the same offence is no ground to dismiss the complaint under Section 203 Cr. P. C. , inasmuch as there is nowhere in the Criminal Procedure Code a bar to take cognizance of the offence on a private complaint even if a charge sheet is filed by the police and the offence was taken cognizance of.

( 4 ) NOW, recalling the stage of Section 202 Cr. P. C. , whereunder either inquiry was conducted by the court or report under Sec. 156 (3) was called for from the police, the court after considering the statements on oath, if any, of the complainant and the witnesses and the result of the inquiry or investigation if ordered under Section 202 Cr. P. C. , if there are no sufficient grounds for proceeding further shall dismiss the complaint. Further, in cases where sufficient grounds were established the Court having taken cognizance of the offence on a private complaint, shall try the private complaint and the police case together under Sec. 201 Cr. P. C. Thus, a combined reading of sections 190, 200, 202, 204 and 210 Cr. P. C. makes it clear that the court is competent to take cognizance of an offence on a private complaint irrespective of the fact that a charge-sheet is filed by the police and the offence therein is taken cognizance of. Therefore, the dismissal of the present complaint by the court under Sec. 203 Cr. P. C. , on the ground that the police have filed a charge-sheet regarding the same offence, is not sustainable. The court has to independantly apply its judicial mind to the contents of the complaint, sworn statements of the complainant and witnesses, if any examined, and then come to a conclusion whether there are sufficient grounds to proceed further. Non-application of the Judicial mind independently to the said material is against the spirit of law. In the case on hand, since the court below has without applying its Judicial mind to the contents of the complaint, sworn statement of the complainant, etc. has dismissed the complaint under Sec. 203 cr. P. C. , on the ground that the police have after investigation filed charge-sheet regarding the same offence, the order of dismissal is set aside and the court below is directed from the stage prevailing just preceding the making of order under revision.

( 5 ) WITH the above direction, the revision is allowed.

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