Point of law : Section 203 of the Code empowers a Magistrate to dismiss a complaint without even issuing a process. It uses the words “after considering” and “the Magistrate is of opinion that there is no sufficient ground for proceeding.”

JUDGMENT :

BRIJ RAJ SINGH, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. By the present application under Section 482 Cr.P.C. the applicant has invoked the inherent jurisdiction of this Court with a prayer to allow this application and quash the entire proceedings of Complaint Case No. 5120 of 2007 (Smt. Asha Nigam vs. Ashok Kumar Nigam and Others) under Section 406, 323, 504, 506 I.P.C. and P.S. Kakadeo, Kanpur pending in the court of M.M. Xth, Kanpur Nagar and also quash its consequential summoning order dated 02.07.2008.

3. In this case, the complaint was filed by the opposite party No. 2 and the same has been entertained after recording the statement under Section 200 Cr.P.C. The Court below has summoned the applicant vide order dated 02.07.2008.

4. The scheme of Chapter-XV of Cr.P.C. is comprehensive and in detail. The object behind the provisions of Section 202 Cr.P.C. is to scrutinize carefully the averments in the complaint with a view to prevent a person named therein. A person should not be called on frivolous complaint. Summoning of an accused in a criminal case is a serious matter which is to be examined carefully on the face value of the allegations, the evidences in support thereof Section 200 and 202 Cr.P.C. is quoted below:

“200. Examination of complaint - A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses:

(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint.

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under Section 192:

Provided further that if the Magistrate makes over the case to another Magistrate under Section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

201. Procedure by Magistrate not competent to take cognizance of the case - If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall:

(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect.

(b) if the complaint is not in writing, direct the complainant to the proper Court.

202. Postponement of issue of process:

(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under Section 192, may, if he thinks fit [and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction] postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

Provided that no such direction for investigation shall be made:

(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions.

(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under Section 200.

(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:

Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.

(3) If an investigation under sub-section (1) is made by a person not being a police office, he shall have for that investigation all the powers conferred by thi