Magistrate can order enquiry if the material falls under CrPC Sec 202: HC

The Kalaburagi bench of the High Court has dismissed a petition stating that a magistrate may order for investigation on a complaint even after the stage of posting for sworn statement, if the material falls under Criminal Procedure Code (CrPC) section 202.

The petitioner had contended that the magistrate had taken cognizance of his private complaint and rejected his application for a police investigation under CrPC section 156 (3).

The petitioner, a resident of Alakunte Nagar in Vijayawada taluk, challenged the July 2, 2022, order passed by the Judicial Magistrate First Class (JMFC) Court.

He had filed a private complaint that his son and his friend were assaulted by one identified person and two others, whose identities are not known. He prayed the JMFC court to direct the Additional SP to conduct an investigation.

Sworn statement

When the matter was posted for sworn statement, the complainant filed an application requesting the court to refer the case for police investigation under CrPC section 156 (3).

The magistrate court rejected the application stating that when a complaint is lodged, the court can either refer the matter under CrPC section 156 (3) or take cognizance and proceed to record sworn statement and enquire itself.

The petitioner moved the High Court contending that his grievance is that he cannot ascertain the name of the wife of the first accused and the other person who were also involved in the alleged incident. It was argued that under these circumstances a police investigation was prayed for.

Justice P N Desai said that even after the stage of posting for sworn statement, the magistrate may order investigation.

“Of course, section 202 CrPC. also provides that if the Magistrate decides postponement of the issue of process under certain circumstances, he can order for investigation if the material placed before him falls under section 202 CrPC for enquiry.

It is not that the Magistrate is totally handicapped to proceed further against a person who is stated to be unknown. By considering the statement of the complainant and his witnesses, if any, before the court and the material placed before the court, the court can proceed to pass orders under sections 202, 203 and 204 CrPC. I find no error or illegality in the order passed by learned JMFC. The order needs no interference by this court,” the court said.