RULE.
Mr. J.K. Shah, learned APP, waives service of notice of rule on behalf of the respondents.
1. Petitioner is the original complainant, who has instituted Inquiry Case No.8 of 2010, before the learned Judicial Magistrate, First Class, Court No.2, Surat, alleging offences punishable under Section 500 read with Section 114 of the Indian Penal Code.
2. Case of the petitioner, in the said complaint, is that the accused persons had published certain defamatory material against the petitioner in a periodical 'Jang-A-Gujarat', dated 14.07.2008. On the said complaint dated 17.09.2010, learned Magistrate recorded the verification of the petitioner on oath on 23.09.2010 and on the same day passed the impugned order, sending complaint for police inquiry under Section 202 of the Code of Criminal Procedure('the Code' for short).
3. It is the case of the petitioner that no such inquiry was necessary and in view of the material before the learned Magistrate, he ought to have decided, whether any offence is disclosed under Section 500 read with Section 114 of the Indian Penal Code, and thereupon to issue process under Section 204 of the Code. If the learned Magistrate was of the opinion that no offence is disclosed and that there is no sufficient ground for proceeding, he would have dismissed the complaint. However, sending the complaint for Police inquiry under Section 202 of the Code was redundant, in the facts of the case.
4. I have also heard learned APP for the respondents.
5. Considering the fact that the complaint pertains to the alleged defamation of the petitioner, by the accused, and considering such so called defamatory material which is already on the record, the learned Magistrate has to decide, whether such a material disclose the offence punishable under Section 500 of the Indian Penal Code.
6. In that view of the matter, I completely agree with the submission of the learned Counsel for the petitioner that there was no need to send the complaint for investigation to police, under Section 202 of the Code.
7. In the result, the order dated 23.09.2010, passed by the learned Judicial Magistrate, First Class, Court No.2, Surat, in Inquiry Case No.8 of 2010, is QUASHED. The learned Magistrate shall proceed further in this regard and shall decide, whether a case is made out for issuing process under SECTION 204 of the Code or whether, for want of sufficient ground, the same is required to be dismissed, under SECTION 203 of the Code. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(AKIL KURESHI, J.) Umesh/ Top