Shiv Kumar Sharma, J. - (1.) The main and clinching issue springing for determination is whether it was open to the committal Magistrate to launch on a process of meticulous examination of the evidence adduced by the complainant under Sections 200 and 202, Cr.P.C. if the case is triable by a Court of Sessions?
(2.) This issue arises in the following circumstances: (i) An FIR was instituted by the complainant petitioner (for short the complainant) with the Police, Station, Ramgarh. District Alwar against the accused non-petitioners No. 2 to 4 alongwith Fateh Singh and Mangtu Ram (Fateh Singh: and Mangtu Ram died during pendency of the proceedings) for offences under Sections 447. 147. 149 and 436. I.P.C. After usual investigation the police laid final report. The complainant submitted protest petition and examined himself and his witnesses under Sections 200 and 202. Cr.P.C. Learned Court of Additional Chief Judicial Magistrate no. 2 Alwar vide its order dated October 26, 1991 dismissed the petition and accepted the final report on the ground that witnesses named in the FIR were not produced by the complainant. It was also, observed by the learned Magistrate that the complainant in his statement under Section 200. Cr.P.C. did got name those witnesses who were named in the FIR. Therefore the introduction of witnesses in the statement under Section 200. Cr.P.C. is afterthought. It was further observed in the order that accused Fateh Singh had already instituted FIR No. 148/89 under Sections 147, 148, 149, 447, 436, 323, 324 and 307. I.P.C. against the complainant and the witnesses who were examined under section 202, Cr.P.C. Evidently these witnesses gave false statements in order to save themselves from the cross case. Therefore cognizance could not have been taken against the accused persons. (ii) Complainant assailed the order of the Magistrate by filing revision. Learned Court of Additional Sessions Judge No. 3 Alwar vide its order dated January 21. 1998 dismissed the revision petition and confirmed the order of Additional Chief Judicial Magistrate No.2 Alwar. (iii) Powers under Section 482. Cr.P.C. have been invoked by the complainant seeking quashing of the orders of Additional Chief Judicial Magistrate No. 2 Alwar and Additional Sessions Judge No. 3 Alwar.
(3.) Mr. S.R. Bajwa learned Senior Counsel appearing for the complainant vehemently canvassed that offence under Section 436. I.P.C. is exclusively triable by Court of Sessions and it was obligatory for the Additional Chief Judicial Magistrate to send the case for trial to the Court of Sessions. The evidence was not required to be meticulously examined. Reliance was placed on A.I.R. 1986 5. C. 17801 and 1992 Cr.L.R. (Raj) 1162.;