In cases where the procedure of complaint case is adopted in a warrant case, it is mandatory to record pre-charge evidence before framing charges against the accused.

1. - The instant misc. petition has been filed by the petitioner challenging the order dated 4.9.2012 passed by the learned Judicial Magistrate 1st Class, Nawa Shahar, District Nagaur in Case No. 27/09 whereby the application filed by the petitioner for recording precharge evidence has been dismissed.

2. Learned counsel for the petitioner placing reliance on the decision of this Court in the case of Pappu & Anr. v. Rekha & Anr. Reported in 2006(2) Cr.L.R. (Raj.) 1443 submits that in this case, the Police had filed a negative Final Report. The complainant thereafter filed a protest petition and thereafter, the Court proceeded in the case under Sectiosn 200 and 202 Cr.P.C. The procedure of a complaint case was adopted. Learned counsel submits that though the trial Court had directed the Additional Public Prosecutor to conduct the proceedings of the case but the nature of the case could not change merely by that order. He contends that once the procedure of Sections 200 and 202 Cr.P.C. is followed, the case assumes the nature of a warrant case instituted on a complaint and therefore, the recording of precharge evidence is mandatory as per Section 244 of the Cr.P.C.

3. None has appeared on behalf of the respondent No. 2 despite service.

4. Heard and considered the arguments advanced at the bar and perused the order impugned.

5. Undisputedly in this case, the Police had filed a negative Final Report. The complainant protested against the same and trial Court adopted the proceedings under Section 200 and 202 Cr.P.C. and thereafter summoned the accused for the offences under Section 409 I.P.C. Thus, the case assumed a nature of a complaint case as soon as the proceedings under Sections 200 and 202 Cr.P.C. were adopted. As the offence involved is Section 409 I.P.C., the case would fall within the category of a warrant case instituted upon a complaint. In this view of the matter and keeping in view the view rendered by this Court in the case of Pappu v. Rekha (supra), this Court is of the opinion that once the procedure of complaint case is adopted by the trial Court in a warrant case, it is mandatory that pre-charge evidence should be recorded before charge can be framed against the accused.

6. Accordingly, the misc. petition is allowed. The order dated 4.9.2012 passed by learned Judicial Magistrate 1st Class, Nawa Shahar, District Nagaur is quashed and the trial Court is directed to record pre-charge evidence in the case before considering the framing of charge against the petitioner.Stay petition is also disposed of.Petition allowed.

*******