2014 (3) TMI 1103

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....urchased shares from Karvi Stock Broking Ltd. through the sub-broker, accused No. 1. According to the complaint, a dispute arose over trading of shares between the complainant and the accused persons and to settle the on-going dispute, the accused persons offered a proposal to the complainant who consented to it and accordingly, on 11th of September, 2011, accused persons visited at her residence at Raghunathganj Darbeshpara to have a discussion with the complainant and her husband. According to the allegation, the discussion did not yield any result and the accused persons started shouting at them. Some of the accused persons, according to the allegation, took out a pistol from their bag and put the same over the heads of the complainant and her husband. It is alleged that they assaulted the complainant and her husband with fists and slaps and also abused them and coerced the complainant to sign some papers and snatched away the suitcase containing some papers. The aforesaid complaint was filed on 1st of October, 2011 in the Court of Additional Chief Judicial Magistrate, Jangipur, Murshidabad. The learned Magistrate took cognizance of the offence and transferred the case to the Co....

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....ing process cannot be faulted on the ground that no inquiry was held. In view of the rival submissions, we deem it expedient to examine the scheme of the Code. In the present case, we are concerned with an order passed in a complaint case. Section 190 of the Code provides for cognizance of offences by Magistrates and the same reads as follows: "190. Cognizance of offences by Magistrates.- (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section(2), may take cognizance of any offence- (a)upon receiving a complaint of facts which constitute such offence; (b)upon a police report of such facts; (c)upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section(1) of such offences as are within his competence to inquire into or try." Section 190 of the Code finds place in Chapter XIV and from its plain reading, it is evident that the competent Magistrate, inter alia, may t....

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....of the complainant on solemn affirmation and the witnesses examined, if any, various options are available to him. If he is satisfied that the allegations made in the complaint and statements of the complainant on oath and the witnesses constitute an offence, he may direct for issuance of process as contemplated under Section 204 of the Code. In case, the Magistrate is of the opinion that there is no sufficient ground for proceeding, the option available to him is to dismiss the complaint under Section 203 of the Code. If on examination of the allegations made in the complaint and the statement of the complainant on solemn affirmation and the witnesses examined, the Magistrate is of the opinion that there is no sufficient ground for proceeding, the option available to him is to postpone the issue of process and either inquire the case himself or direct the investigation to be made by a police officer or by any other person as he thinks fit. This option is also available after the examination of the complainant only. However, in a case in which the accused is residing at a place beyond the area in which the Magistrate exercises his jurisdiction whether it would be mandatory to hold ....

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.... Magistrate exercises his jurisdiction, inquiry is mandatory or not. The words "and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction" was inserted by Section 19 of Code of Criminal Procedure (Amendment) Act (Central Act 25 of 2005) w.e.f. 23rd of June, 2006. The aforesaid amendment, in the opinion of the legislature, was essential as false complaints are filed against persons residing at far off places in order to harass them. The note for the amendment reads as follows: "False complaints are filed against persons residing at far off places simply to harass them. In order to see that innocent persons are not harassed by unscrupulous persons, this clause seeks to amend sub-section (1) of Section 202 to make it obligatory upon the Magistrate that before summoning the accused residing beyond his jurisdiction he shall enquire into the case himself or direct investigation to be made by a police officer or by such other person as he thinks fit, for finding out whether or not there was sufficient ground for proceeding against the accused." The use of the expression 'shall' prima facie makes the inquiry or the investigation,....