ANGREJ DAS Vs. STATE OF JHARKHIAND

JUDGEMENT

(1.) This application has been filed for quashing the order dated 1.12.2007 passed by learned Additional Chief Judicial Magistrate, Dumka in PCR Case No. 44 of 2007 corresponding to Trial Case No. 27 of 2007, whereby complaint petition of petitioner has been dismissed under Section 203 of the Code of Criminal Procedure.

(2.) It is submitted by Sri Rajeeva Sharma, learned Senior Advocate appearing for the petitioner, that the learned court below dismissed complaint petition after appreciating the evidence as if it was holding regular trial. It is submitted that at the stage of enquiry a Magistrate is only required to see whether from the materials prima-facie offence made out against the accused or not. In support of aforesaid contention, Sri Sharma relied upon the judgment of Hon'ble the Supreme Court Nirmaljit Singh Hoon Versus The State of West Bengal, 1972 AIR(SC) 2639

(3.) On the other hand, Sri Mithilesh Kumar Singh, learned counsel appearing for opposite party nos. 4-5 submits that it is open for a Magistrate to look into the evidence adduced at the stage of enquiry and if he finds that the statements of witnesses are self contradictory, then he can dismiss complaint petition. It is further submitted that in the instant case, statement of complainant is self contradictory, because in the complaint petition petitioner (complainant) stated that occurrence took place while he was going to his house at Barmasiya for collecting goods, whereas in Ms statement on oath, he stated that occurrence took place while he was going towards Nala on a truck. Accordingly, it is submitted that the learned court below rightly dismissed the complaint petition.