R. Basant, J.

1. This revision petition is directed against an order passed under S.258 CrPC by the learned Magistrate dropping further proceedings. The short contention raised by the learned counsel for the petitioner is that the learned Magistrate has gone perversely wrong in assuming that powers under S.258 CrPC (Code of Criminal Procedure) can be invoked in the facts and circumstances of the case.

2. The proceedings have been instituted on the basis of a private complaint. Cognizance was taken of the offences punishable under S.341 and S.323 IPC (Penal Code, 1860) on the basis of the complaint lodged by the petitioner herein.

3. It is trite, and a reading of S.258 CrPC as also the dictum in John Thomas v. Dr. K. Jagadeesan, 2001 KHC 648 : 2001 (2) KLT SN 110 : 2001 (2) KLJ NOC 34 : 2001 (2) KLJ NOC 61 : AIR 2001 SC 2651 : 2001 (6) SCC 30 make it crystal clear, that powers under S.258 CrPC cannot be invoked in a case instituted on a private complaint. Such powers can be invoked only in respect of a summons case instituted on police report.

4. After the decision in Adalat Prasad v. Rooplal Jindal, 2004 KHC 1137 : 2004 (3) KLT 382 : 2004 (2) KLJ 727 : 2004 (7) SCC 338 : AIR 2004