SHYAM SUNDER BYAS, J. - (1.) HEARD and perused the impugned order as well as the record of the case.
(2.) THE police has submitted the negative final report in the Court of the learned Munsif and Judicial Magistrate, Osian. The complainant lodged a protest petition. He was allowed time to adduce evidence. On 14 -4 -1980 neither the complainant nor his counsel put appearance in the Court of the Magistrate. The learned Magistrate heard the Assistant Public Prosecutor and perused the investigation diary and accepted the negative final report. Thereafter the complainant lodged a complaint against the accused for the same offence under Section 408 IPC in the Court of the same Magistrate. The learned Magistrate after making an enquiry took cognizance of offence under Section 408 IPC against the accused and issued process against him by his impugned order dated 29 -5 -1982. The accused has filed the present application for quashing the aforesaid order. It was argued by Mr. Nagori for the accused that the learned Magistrate, after accepting the negative final report submitted by the police, had no jurisdiction to take cognizance of the offence under Section 408 IPC against the accused in respect of the same transaction. It was argued that the under of the Magistrate accepting the final report was a judicial order and unless it was set aside, it was final for all purposes In support of his contention Mr. Nagori relied upon Dadam Chand v. State of Rajasthan reported in 1987(1) WLN 69 in which the learned Single Judge of this Court held that where the Magistrate accepted the final report and passed an order of discharge, lie cannot subsequently lake cognizance of the offence against the accused because the order of discharge is a judicial order. The subsequent order taking cognizance is therefore without jurisdiction. The learned Public Prosecutor tried her best to support the impugned order. I have taken the rival submissions into consideration.
(3.) I have carefully gone through the decision rendered in Dadam Chand's case and I find myself in complete agreement with the view expressed therein.;