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CHHATTISGARH HIGH COURT
*Sunil Kumar Sinha, J.
Hariram v. Satish Pandey and Ors
| Table of Content |
|---|
| 1. scope of inquiry under s. 202(1) requires reliance on specific materials. (Para 1) |
| 2. factual background of the case establishing the complaint details. (Para 2 , 3) |
| 3. arguments presented by both sides regarding the magistrate's authority. (Para 4 , 5 , 6) |
| 4. court's observations on the magistrate's reliance on external materials. (Para 8 , 9 , 10 , 11 , 12) |
| 5. final ruling remanding the case back to the magistrate for appropriate proceedings. (Para 13) |
1. A short question raised for consideration is as to what is the scope of enquiry under S. 202(1) of the Code of Criminal Procedure and on what materials, the Magistrate has to base his order for dismissal of complaint under S. 203 CrPC?
2. The brief facts are that the petitioner herein filed a criminal complaint under S.436/34 IPC against the respondents in the Court of Judicial Magistrate First Class, Mungeli, Distt. Bilaspur. This complaint was filed on 20-11-2004. The allegations in the complaint are that on 11-4-2004 at about 3 p.m., all the accused persons (respondents herein), in furtherance of their common intention, came to the Badi of the complainant and caused mischief by putting fire to the straw of padd
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