AMARESH KUMAR SINGH,J. - (1.) HEARD the learned counsel for the petitioner and the learned Public Prosecutor and perused the record of the Cr. Original Case No. 53 of 1992 pending in the court of the Civil Judge (Jr. Division) and Judicial Magistrate 1st Class, Devgarh.
(2.) THIS petition is directed against the order dated 2.5.1992 passed by the Judicial Magistrate, whereby he took cognizance of the offences punishable u/Sections 147, 342, 323, 447 read with Section 149 of the Indian Penal Code and issued process against Madan Lal and others, including the three petitioners namely Chandan Lal Jain, Ashok Kumar and Prakash Chandra. The only question to be decided in this petition is whether the impugned order by which the learned Judicial Magistrate took cognizance of the offences u/s. 190(1)(a) of the Criminal Procedure Code, on the basis of a complaint filed by the non-petitioner No. 2, is without jurisdiction because on the same facts, a first information report No. 28/1988 was lodged by the non-petitioner No. 2 at the Police Station, Devgarh and after conducting investigation, the police had submitted a final report u/s. 173 of the Criminal Procedure Code and the final report was accepted by the Judicial Magistrate on 17.3.1989.
(3.) THE learned counsel for the petitioner has submitted that once the Magistrate accepts the final report submitted by the Police Officer after conducting an investigation, the Magistrate cannot take cognizance of the offences on the basis of the complaint filed by the complainant. The question of law arising for decision in this case is no longer res integra, in view of the judgment of the Hon'ble Supreme Court in Gopal Vijay Verma v. Bhuvneshwar Prasad Sinha, 1982(3) SCC 510. In that case, the Hon'ble Supreme Court observed :- "The High Court was clearly in error in thinking that the Magistrate could not take cognizance of a case upon complaint because he had earlier refused to take cognizance of the case on a police report. The order of the High Court is set aside. The matter is remitted to the Chief Judicial Magistrate, Patna for disposal according to law. If the accused have any further objections to raise, they may do so before the Chief Judicial Magistrate." ;