K.N. Sinha, J.@mdashHeard learned Counsel for the applicant, learned A.G.A. and perused the impugned order.
2. It transpires from the record that an application u/s 156(3) Cr.P.C. was moved before the Court which was treated as complaint case by the Magistrate. Thereafter the Magistrate proceeded to enquire himself u/s 202 Cr.P.C. and recorded the statement of two witnesses Ravindra Pratap Singh and Vimla Devi besides the statement of complainant u/s 200 Cr.P.C. After making this inquiry the Magistrate examined the statements of complaint and witnesses and finding sufficient ground, summoned the accused u/s 363 Cr.P.C. This order was passed u/s 204 Cr.P.C. and also directed to take steps u/s 204(2) Cr.P.C.
3. The learned Counsel for the applicant has prayed before this Court that the Magistrate be asked to order for investigation of the case which is permitted under Sections 202(1) Cr.P.C. He has also placed reliance on Mohd. Yousuf Vs. Smt. Afaq Jahan and Another, The learned Counsel for the applicant has referred para 9 of this judgment. Para 8 of the judgment refers to Section 156(3) Cr.P.C. which lays down that the Magistrate if, orders for investigation under Chapter VII, he does so before he takes cognizance of the offence. However, the para 9 of the said judgment deals with Section 202(1) Cr.P.C. in which the investigation can be made for the limited purpose. Section 202 Cr.P.C. lays down that if the Magistrate received a complaint he may postpone the issue of process against the accused and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceedings. In the case at hand the Magistrate chose the first option of inquiring into himself. After enquiring into himself he was satisfied and ordered for issue of process against the accused on complaint, u/s 204(2) Cr.P.C. Once the Magistrate had chosen the first option to enquire into himself, the question of investigation by the police, as second option, has now nothing to do. The Magistrate has earlier passed the stage of Section 202 Cr.P.C. and Section 203 Cr. P.C. and ordered for summoning of the accused. Once the stage of Section 202 Cr.P.C. is over there is no provision or any occasion to refer back to Section 202 Cr.P.C. again. This authority, therefore, does not apply on the fact of the present case.
4. The prayer, therefore, does not hold good and the application u/s 482 Cr.P.C. is devoid of merit and it is hereby dismissed.
