Jayashree Tiwari, J. - (1.) THE present revision has been filed against the order of the Special Judge, Dacoity Affected Area, Jhansi dated 23.8.2001.
(2.) IN short the contention of the revisionist is that the learned lower court has failed to apply his independent mind on material available on record. The statement of Bhagwan Das and Swaroop Singh has not been vehemently discussed in the light of the persisting law. It is further alleged that the finding of improbability recorded by the learned lower court is without any material available on the record. The witnesses present on the spot have given their evidence which has not been duly considered. Learned counsel for the revisionist did not turn up despite the case is being called out in the revised list. Learned counsel Mr. Salman Ahmad holding brief of B. A. Khan opposite party No. 2 and learned A.G.A. are present. I have heard the arguments of learned counsel for the opposite party No. 2 and learned A.G.A. and perused the record of the case, i.e., order dated 23.8.2001, which runs as follows. The first information report is highly belated and the witnesses of the incident are chance and accidental witnesses and the evidence given by them is unbelievable and suspicious. It has also held that their presence on the spot is too suspicious. Later on, it is mentioned that the witness Bhagwan Das is a labour and alleges that he was taking tea in the hotel near the place of incident and he is aware of the names of the employees and officers. The second witness is a shop keeper and he stated that he was drinking water at 12 p.m. in the hotel and he is also well-conversant with the name of employees and officials and officers. On hearing noise, he came inside and has narrated the entire incident on the basis of which the learned lower court has held that no case has been made out against the accused persons and dismissed the complaint.
(3.) IN this connection, it will be appropriate to come through the provisions as enunciated in Section 203, Cr. P.C. which lays as follows : If, after considering the statements on oath of the complainant and of the witnesses and the result of the inquiry or investigation, the Magistrate is of the opinion that there is no sufficient ground for proceedings, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. A perusal of aforesaid provision shows that prior to dismissing the complaint, Magistrate shall peruse the statements on oath of the complainant and the witnesses and shall form an opinion and if he comes to the conclusion that there is no sufficient ground for proceeding, he shall record his reasons briefly on the point and then dismiss the complaint.;