Joseph Mathuri @ Vishveshwarananda VS Swami Sachidanand Harisakshi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001(3) Crimes 384 (SC)
Supreme Court of India
M.B. Shah & S.N. Variava, JJ.
Joseph Mathuri @ Vishveshwarananda & Anr.—Appellants
versus
Swami Sachidanand Harisakshi & Anr. —Respondents
Criminal Appeal No. 500 of 2001
(Arising out of SLP (Crl.) No. 3170 of 2000)
Decided on 12-4-2001

Headnote:Criminal Procedure Code, 1973 —Section 156(3), 190 and 200—Application moved by complainant under Section 156(3) Cr.P.C. before Magistrate for directing police to register case against appellants—High Court was wrong to hold that it could not be treated as complaint—Impugned order could not be sustained. (Para 2)
Result : Appeal allowed.

Order

Leave granted.

Heard learned counsel for the appearing parties.

2. This appeal is directed against the impugned order dated 3.8.2000 passed by the High Court of Allahabad in Criminal Revision No. 1520 of 2000 filed by respondent No. 1 herein. The High Court held that the application under Section 156(3) of the Criminal Procedure Code moved by respondent No. 1 before the Judicial Magistrate, Dehradun for directing appellants to register the case against the appellants cannot be treated as a complaint. The impugned order, on the face of it, is totally erroneous and cannot be sustained in law as the said order ignores Section 190 and Section 200 of the Criminal Procedure Code. Further, the High Court has not considered the previous order dated 19.7.2000 passed by the Civil Judge (Jr. Division), Rishikesh. In this view of the matter, the appeal is allowed and the impugned order passed by the High Court is set aside.

Appeal allowed.

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