If, after considering the statements on oath (if any) of the complainant and of the witnesses, (sec.200). and the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case, he shall briefly record his reasons for so doing.
Whether examination of all witnesses cited in the complaint is the sine qua non for taking cognizance by a Magistrate in a case exclusively triable by a Court of Sessions.
Nagendra Tiwary & Ors.
Whether examination of all witnesses cited in the complaint is the sine qua non for taking cognizance by a Magistrate in a case exclusively triable by a Court of Sessions is the question which arises for consideration in this appeal filed against the order dated 18.4.2007 passed by learned Single Judge of Patna High Court in Criminal Miscellaneous Petition No. 1778 of 2007 whereby he remitted the case to Chief Judicial Magistrate, Saran with the direction to make further inquiry and pass appropriate order in the light of proviso to Section 202(2) of the Code of Criminal Procedure (Cr.P.C.).
As a sequel to the above discussions, we hold that examination of all witnesses cited in the complaint or whose names are disclosed by the complainant in furtherance of the direction given by the Magistrate in terms of proviso to Section 202(2) is not a condition precedent for taking cognizance and issue of process against the persons named as accused in the complaint and the High Court committed a serious error in directing the Chief Judicial Magistrate to conduct further inquiry and pass a fresh order in the light of proviso to Section 202(2).
Whether there is any bar in filing a second complaint on the same facts if the previous complaint is dismissed u/s 203 of CrPC?
The dismissal of a complaint under this section does not operate as a bar to the re-hearing of a fresh complaint on the same facts by the same Magistrate or by any other Magistrate presiding in the same Court, even though such order of dismissal has not been set aside by a higher Court. However, it should be entertained only in exceptional cases. AIR 2003 SC 702 Mahesh Chand V. B. Janardhan Reddy.
What procedure can be adopted when police do not submit a report in time?
Notice to investigating officer be issued and called upon him to submit a report as early as possible.