Rafat vs State of M. P. - 1978 Supreme(MP) 230

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates Appeared:
For the Applicant : G.P. Agarwal
For the Respondent:S.N. Tandon Dy. Govt. Advocate

Headnote:(1) Criminal Procedure Code, 1973 – S. 196 – B – investigation carried out by a Sub – Inspector of Police – under the order of District Magistrate – investigation carried out by an officer below the rank of Inspector – violation of mandatory provision of S. 196 – B – illegal and without jurisdiction.
       (2) Criminal Procedure Code, 1973 – S.196 – Court can take cognizance upon complaint made by order of or under the authority from the State or some officer empowered by the State Government – no such complaint filed – Court has no jurisdiction to try the offence.
       (3) Criminal Procedure Code, 1973 – S. 196 – District Magistrate ordered to challan the case in Court – sanction illegal being contrary to the povisions of S. 196 Cr. P. C.
        Short Note
       1. On the report of one Ramswaroop Vasishth dated 4 – 10 – 1969 Police Shiv – puri registered a case against the petitioners under sections 292, 295 – A, 153 – A and 505 of the Indian Penal Code and after investigation submitted the charge sheet under section 173 of the Code of Criminal Procedure against the petitioner in the Court of the A. D. M, Shivpuri under section 153 – A, 292, 295 – A and 505, I. P. C. The investigation was not carried out by a Police Officer who was of the rank of Inspector. Immediately after the submission of the charge sheet, the petitioners submitted an application on 25 – 7 – 1970 saying that the Court has no jurisdiction to try the petitioners in view of sections 196 and 196 – B. Cr. P. C.
       2. Held: Under section 196 – B, the District Magistrate can order only a preliminary investigation by a Police Officer not below the rank of Inspector, but in the instant case the investigation was conducted by the Sub – inspector of Police i. e. Shri J. C. Dubey, S. H.O., Shivpuri under the order of the District Magistrate, Shivpuri. Therefore the whole investigation is without jurisdiction in violation of the mandatory provisions of section 196 – B Cr. P. C. As such no cognizance could have taken by the learned lower Court. According to section 196, Cr. P. C. the Court can take cognizance of the alleged offence only upon complaint made by order of or under the authority from the State Government or some officer empowered by the State Government in this behalf. But in the instant case no such complaint is filed and the charge sheet cannot be regarded as complaint in writing and without a complaint as defined in the Code, the Court has no jurisdiction to try the petitioners.
       3. The third objection was that in the instant case, the alleged sanction of the District Magistrate who simply ordered to challan the case in the Court is illegal being contrary to the provisions of section 196 Cr. P. C. State of M. P. v. Abdul Kadir, 1962 JLJ 1140 relied on. Order of the Additional Sessions Judge and trial Court quashed.
       Revision allowed.