In view of the order proposed to be passed there is no need to issue notice.
Heard Shri Shubham Tripathi, learned counsel for the applicant and Shri Jai Prakash, learned A.G.A. for the State of U.P.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 14.01.2019 passed by the Judicial Magistrate, Bahraich in Case No. 2174 of 2018, Mata Prasad v. Shiv Prasad.
Learned counsel for the applicant has contended that the impugned order dated 14.01.2019, annexure 1, is wrong and illegal because re-recording of statement of the complainant under Section 200 Cr.P.C. is virtually reconstruction of the record while it could not be done without permission of Session's Judge and specially due to availability of the original statement recorded under Section 200 Cr.P.C.. Reconstruction or re-recording of statement is permissible only when original has lost and is not available and no order for fresh re-recording of statement of complainant under Section 200 Cr.P.C. is permissible only on the ground that it is illegible specially when the above statement was recorded by the staff of the Court concerned and may be clarified and read with clear writing of the staff concerned.
I have also perused the statement of the applicant, annexure 9, recorded under Section 200 Cr.P.C. From the perusal of it, it could not be said that it is wholly illegible or unreadable.
For the reasons stated above, this application is allowed. The order impugned dated 14.01.2019 passed by the Judicial Magistrate, Bahraich in Case No. 2174 of 2018, Mata Prasad v. Shiv Prasad, is hereby set aside and the Court below is directed to read the original statement recorded under Section 200 Cr.P.C. with the assistance of the staff concerned or obtain the typed copy of the statement from the complainant.
The Court below is also directed to ensure the compliance of the order passed by the Revisional Court at the earliest preferably within 45 days from the date of production of certified copy of this order.
Order Date :- 27.2.2019 Deepak