CHHITAR Vs. GEETA DEVI

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Cr.P.C. for quashing the complaint Annexure P.1 as well as the summoning order dated 17.11.1990 passed by the Judicial Magistrate Ist Class, Tohana, annexed as Annexure P.2 with the petition.

(2.) WITHOUT going into the grounds of attack on the complaint as well as the summoning order, I would like to dismiss the petition being not competent, mainly on the ground that the summoning order dated 17.11.1990 annexure P.2 is only an interim order and not a judgment. For holding the summoning order as an interim order, and not a judgment, I find support from the decision of the Apex Court in K.M. Mathew v. State of Kerala and Another (S.C.), 1992(1) R.C.R. 232.

(3.) IT is open to the accused to plead before the Magistrate that the process against him ought not to have been issued. The Magistrate may drop the proceedings, if he is satisfied on re -consideration of the complaint that there is no offence for which the accused could be tried. It is his judicial discretion. No specific provision is required for the Magistrate to drop the proceedings or rescind the process. It can be varied or recalled. The fact that the process has already been issued, is no bar to drop the proceedings if the complaint on the very face of it does not disclose any offence against the accused.