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Piyarji Mangilalji Vs. the State - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMadhya Pradesh High Court
Decided On
Case NumberCriminal Misc. Case No. 15 of 1957
Judge
Reported inAIR1958MP234; 1958CriLJ1040
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 190(1); Indian Penal Code (IPC), 1860 - Sections 405 and 406
AppellantPiyarji Mangilalji
RespondentThe State
Respondent AdvocateShiv Dayal, Dy. Govt. Adv.
Cases ReferredUmasingh v. The Emperor
Excerpt:
- - but there is no provision as to how the court will proceed in a matter like this......had died. the magistrate disbelieved the story of the superdgidar and asked the police to charge-sheet the superdgidar under section 406, indian penal code. against this order, a revision was filed before the sessions judge, who has referred this case to high court.3. it appears from the record that the magistrate did not at all make an enquiry as to whether the buffaloes were really dead or not. and it is obvious that without an enquiry be was not justified in holding that they were dead and in consequence his order cannot be upheld.4. the learned sessions judge of guna has further observed that irrespective of the above defect, the magistrate cannot order the police to file a charge-sheet. regarding this, i am of opinion that the magistrate has the power to do so and my.....
Judgment:
ORDER

Abdul Hakim Khan, J.

1. This is a reference by the Sessions Judge, Guna, recommending that the order of the Additional District Magistrate, Guna, in Case No. 17 of 1954 Criminal Miscellaneous, passed on 28-4-1956, be quashed.

2. The facts of the case are that the Additional District Magistrate, Guna, had given in Superdagi to one Piyarji some buffaloes. When asked to produce them for thepurpose of auction, the Superdgidar avoided service, but later on when served submitted that the buffaloes had died. The Magistrate disbelieved the story of the Superdgidar and asked the Police to charge-sheet the Superdgidar under Section 406, Indian Penal Code. Against this order, a revision was filed before the Sessions Judge, who has referred this case to High Court.

3. It appears from the record that the Magistrate did not at all make an enquiry as to whether the buffaloes were really dead or not. And it is obvious that without an enquiry be was not justified in holding that they were dead and in consequence his order cannot be upheld.

4. The learned Sessions Judge of Guna has further observed that irrespective of the above defect, the Magistrate cannot order the Police to file a charge-sheet. Regarding this, I am of opinion that the Magistrate has the power to do so and my reasons for holding this are as follows :

5. According to Section 190 (1) (c) of the Criminal Procedure Code, a Magistrate can take cognizance of any offence either upon information received from some person other than a Police Officer, or, upon his own knowledge or upon suspicion that such offence has been committed. In this case the Magistrate merely suspected that the statement made by the Superdgidar is false. If a Magistrate suspects that an offence has been committed, then in the interest of justice, he, has been empowered by the Criminal Procedure Code to take cognizance himself. But there is no provision as to how the Court will proceed in a matter like this. The duty of the Police is to help the Court, and, in the interest of justice, peace and order to bring to book a person alleged to have committed an offence. In view of the matter, in a suspected case, the Magistrate can direct the Police under Section 190 (1) (c), Criminal Procedure Code to charge-sheet an accused to enable it to enquire and find out the truth. I find some support for the view in a reported case Umasingh v. The Emperor, AIR 1953 Pat 242 (A), where the order of a Magistrate, calling for a charge-sheet was treated as being under Section 190 (1) (c), Criminal Procedure Code and was upheld.

6. For reasons stated above I partly allow the reference and send the case back to the Magistrate concerned, directing him to hold first of all an enquiry as to whether the entrusted buffaloes were really dead or not. If after the enquiry, should the Magistrate come to the conclusion that the Superdgidar has misappropriated the buffaloes, then of course he can order the Police to charge-sheet the accused under the proper section.


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