Back
IN THE HIGH OF MADHYA PRADESH
S.K. Gangele and G.D. Saxena, JJ.
Bachhu Lal Sharma and others v. State of M.P.
Miscellaneous Criminal Case No.4351 of 2012 (Gwalior) : against the order of Special Judge, Bhind;
Decided on 5.12.2012.
Held : In the present case, the trial Judge at preliminary stage under section 156(3)( of the Code by an order dated 6th September 2011 directed that the complaint of the complainant under section 156(3) of CrPC is sent for inquiry to the Police Superintendent Economic Offences Wing Gwalior. Thereafter, on receipt of the report dated 11th December 2011, the direction by an order dated 7th April 2012 is again issued to the effect that since the matter in complaint is related to the misappropriation of Government money and cognizable by the police, hence, after due consideration, it has forwarded to the State EOW Gwalior the complaint and documents filed for registration of the FIR and then to investigate and submit further report. This direction is against the law because once the power conferred under section 156(3) of CrPC is exercised, same could not be re-exercised after receiving the report from the Investigating Agency. It is trite in law that the trial Judge ought to have proceeded with the procedure after recording the statements of complainant and witnesses and after considering the documents filed with the complaint and also on due consideration of the report filed by the EOW Gwalior, as laid down in Chapter XV of the Code, he could have passed the order either under section 203 or section 204 CrPC. Therefore, subsequent order given by him for investigation after lodging the FIR by the same investigating agency, which has already submitted the report in terms of the directions contemplated in law is not in confirmity with the provisions as laid down above. (2011)3 SCC 496 and (2010)4 SCC 185 followed. (1998)5 SCC 749 referred to.
naM izfdz;k lafgrk] 1973 && /kkjk 156¼3½] 190] 200] 203 rFkk 204 && fopkj.k U;k;k/kh’k us vUos”kd vfHkdj.k dks ifjokn dh tk¡p djus dk funs’k fn;k && vUos”k.k fjiksVZ izkIr dh && izFke bfRryk fjiksVZ nkf[ky djus ds i’pkr~ vfHkdj.k dks vfrfjDr tk¡p dk iqu% funs’k ugha fn;k tk ldrk && ;k rks ifjokn dh [kkfjth dk ;k vfHk;qDr ds fo#) vknsf’kdk tkjh djus dk vkns’k ikfjr djuk pkfg,A vfHkfu/kkZfjr % izLrqr ekeys esa] fopkj.k U;k;ky; us izkjafHkd izdze esa lafgrk dh /kkjk 156¼3½ ds v/khu vkns’k fnukad 6-9-2011 }kjk ;g funs’k fn;k fd naM izfdz;k lafgrk dh /kkjk 156¼3½ ds v/khu ifjoknh dk ifjokn iqfyl v/kh{kd] vkfFkZd vijk/k foax] Xokfy;j] dks tk¡p ds fy;s Hkstk tk,A rRi’pkr~ fjiksVZ fnukad 11-12-2011 dh izkfIr ij] vkns’k fnukad 7-4-2012 }kjk bl izHkko dk funs’k iqu% tkjh fd;k x;k fd D;ksafd ifjokn esa ekeyk ljdkjh /ku ds nqfoZfu;kstu ls lacaf/kr gS rFkk iqfyl }kjk laKs; gS] blfy,] lE;d~ fopkj ds i’pkr~] bls jkT; vkfFkZd vijk/k foax] Xokfy;j] dks vxzlj fd;k tk,] ifjokn rFkk nLrkost izFke bfRryk fjiksVZ ds jftLVªhdj.k ds fy, izLrqr fd, tk,a rFkk rc vUos”k.k fd;k tk, rFkk vfrfjDr fjiksVZ izLrqr dh tk,A ;g funs’k fof/k ds fo#) gS D;ksafd naM izfdz;k lafgrk dh /kkjk 156¼3½ ds v/khu iznRr ‘kfDr dk ,d ckj iz;ksx dj fy;k x;k] bldk vUos”kd vfHkdj.k ls fjiksVZ izkIr gksus ds i’pkr~ iqu% iz;ksx ugha fd;k tk ldrk FkkA fof/k esa ;g izpfyr gS fd fopkj.k U;k;k/kh’k dks ifjoknh rFkk lkf{k;ksa ds dFku vfHkfyf[kr djus rFkk ifjokn ds lkFk izLrqr nLrkostksa ij fopkj djus ds i’pkr~ rFkk vkfFkZd vijk/k foax] Xokfy;j] }kjk izLrqr fjiksVZ ij Hkh lE;d~ fopkj djus ij] lafgrk ds v/;k; 15 esa ;Fkk vf/kdfFkr izfdz;k ds vuqlkj dk;Zokgh djuh pkfg,] og naM izfdz;k lafgrk dh ;k rks /kkjk 203 ;k /kkjk 204 ds v/khu vkns’k ikfjr dj ldrk FkkA blfy,] mlds }kjk mlh vUos”kd vfHkdj.k }kjk] tks fof/k esa vuq/;kr funs’kksa ds fuca/kuksa ds vuqlkj igys&gh fjiksVZ izLrqr dj pqdh Fkh] izFke bfRryk fjiksVZ izLrqr djus ds i’pkr~ djus ds i’pkr~ vUos”k.k ds fy;s fn;k x;k i’pkr~orhZ vkns’k ;Fkk iwoZ vf/kdfFkr] mica/kksa ds vuqdwy ugha gSA ¼2011½ 3 ,l lh lh 496 rFkk ¼2010½ 4 ,l lh lh 185 vuqlfjrA ¼1998½ 5 ,l lh lh 749 fufnZ”VA
Saxena, J. -- 1. By filing this petition under section 482 of the Code of Criminal Procedure 1973, the petitioners have challenged the order dated 7th April 2012 passed on an unregistered criminal complaint case by the Special Judge (Prevention of Corruption Act), Bhind, whereby in exercise of powers under section 156(3) of CrPC, the learned trial Court directed to register the FIR against the petitioners and pursuant thereto, the respondent No.1/EOW Wing Gwalior by lodging FIR at Crime No.27/2012 has proceeded with the investigation against the accused-petitioners.
2. The facts, in brief, just for the decision of this petition are that the petitioners were public servants and posted in Women and Child Welfare Department in a District Bhind. The complainant-respondent No.2 being the Secretary of Oshika Mahila Kalyan Mandal filed a complaint that the petitioners after connivance with Smt. Rajeshwari Devi and Prahalad Gandharv prepared the forged documents in the name of the Society to receive grant of Rs.3,90,000/- which was issued by the State Government. On complaint, the trial Judge by an order dated 6th September 2011 directed the State Economic Wing Gwalior to make an inquiry into the complainant of the respondent No.2. In compliance with the direction of the Court, the State Economic Wing Gwalior submitted a detailed report. Thereafter, the trial Judge by an order dated 7th April 2012 again directed that since the offences as alleged were cognizable, therefore, on the basis of the complaint filed before the Court, it directed the respondent No.1 to lodge the FIR and register the crime against the named accused and after investigation the report be sent to the Court.
3. The contention put forth on behalf of the learned counsel appearing for the petitioners is that the trial Judge, once after making detailed inquiry into the alleged crime by the EOW Wing Gwalior and submission of the report in compliance with the directions of the Court dated 6th September 2011, the direction given by the trial Judge again while passing the order under section 156(3) of CrPC for lodging the FIR and thereafter initiate the investigation against the named accused is misuse of the process of law. It is submitted that as per requirement of law, in the event of not accepting the report filed by the investigating agency, the trial Court is under an obligation to proceed with the complaint under sections 200 and 202 of CrPC and while proceeding so either he can pass the order under section 203 of CrPC for dismissal of the complaint or under section 204 of CrPC for issuing the process against the accused. In that view of the matter, the order under consideration is against the principles of law and same is liable to be set aside. In support of his contention, learned counsel placed reliance on the decision in the case of Maksud Saiyed v. State of Gujarat [(2008)5 SCC 668] and Pepsi Food Ltd. v. Special Judicial Magistrate [(1998)5 SCC 749].
4. Per contra, the submission of the learned counsel appearing on behalf of respondent No.1/EOW Wing Gwalior is that the respondent No.1 is obliged to comply with the directions passed under section 156(3) of CrPC and consequently, the FIR was lodged and the crime was registered in which the investigation is under progress. It is submitted that after investigation, the respondent No.1, shall submit either the charge-sheet against the accused or final report, as the case may be, before the Court competent.
5. The question for consideration before us is whether the Special Judge (Prevention of Corruption Act) once after passing an order either under section 156(3) or section 202(1) of CrPC and inquiry and submission of the report by the Investigating Agency before him in compliance of his earlier directions, again in the light of section 156(3) of CrPC can further issue order for lodging the FIR and registration of the crime to investigate the matter to the same agency?
6. Keeping the above in mind, let us now con
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
