HARIOM MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission. By this Criminal Revision under Section 397 /401 of Cr.P.C. the applicants have challenged the order dated 19.10.2013 passed by the Chief Judicial Magistrate, Satna in MJC No. 57/2012 whereby the respondent No. 1 was directed to reinvestigate the matter.

(2.) The prosecution case, in short, is that at Police Station Nayagaon an FIR was lodged by the respondent No. 2 against the applicants, and therefore a crime for the offence under Sections 307, 147, 148, 149 of IPC was registered. After due investigation the respondent No. 1 submitted a final report with the result that no offence was made out and a false case was prepared by the complainant. In this respect, the learned CJM called the complainant and his witnesses and witnesses were examined. Thereafter it was directed by the learned CJM to reinvestigate the matter.

(3.) After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that no criminal complaint was filed by the complainant before the CJM Satna. When the final report is submitted, then it is the duty of the Magistrate to get view of the complainant about that final report whereas the CJM Satna recorded the evidence of the complainant as well as so many persons under Sections 200 and 202 of Cr.P.C., whereas no complaint was filed by the complainant before the CJM.