Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court

The Supreme Court observed that a Magistrate (who had opted to hold inquiry himself under Section 202(1) CrPC) has to consider the statements of the complainant and his witnesses before dismissing the complaint under Section 203 CrPC.

In this case, a complaint was filed before the Magistrate against an accused alleging offences punishable under Sections 323, 342, 500, 504, 506, 295-A, 298, 427 of the Indian Penal Code, 1860. First, the Magistrate passed an order directing holding of an inquiry under sub-Section (1) of Section 202 of the Cr.P.C. Thereafter, the Magistrate recorded the statement of only the complainant and dismissed the complaint under Section 203 of the Cr.P.C. The High Court, allowing the petition challenging this dismissal order, observed that there was no proper inquiry made by the Magistrate in terms of Section 202(1) Cr.P.C and therefore remitted the complaint to the Magistrate from the stage of holding an inquiry under Section 202 Cr.P.C.

In appeal before the Apex Court, the accused contended that it was not mandatory for the Magistrate to record statements of other witnesses. It was contended that after considering the statement of the complainant and the averments made in the complaint and other material on record, the Magistrate rightly held that the allegations in the complaint were mala fide.

The court, perusing the complaint, noted that that eight witnesses were specifically named in the complaint and that the Magistrate has not recorded reasons for not recording the statements of other witnesses specifically cited in the complaint.

"After taking recourse to sub-Section (1) of Section 202 of the Cr.P.C., before dismissing a complaint by taking recourse to Section 203 of the Cr.P.C., the learned Magistrate has to consider the statements of the complainant and his witnesses. In this case, the learned Magistrate has not examined the other witnesses", the bench observed while dismissing the appeal.

Case details

 Dilip Kumar vs Brajraj Shrivastava | 2023 LiveLaw (SC) 597 | 2023 INSC 670

Headnotes

Code of Criminal Procedure, 1973 ; Section 202(1), 203 - After taking recourse to Section 202(1) of the Cr.P.C., before dismissing a complaint by taking recourse to Section 203 of the Cr.P.C., the  Magistrate has to consider the statements of the complainant and his witnesses. (Para 5)

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