Magistrate Can Order Second Inquiry U/S 202 CrPC Into Unexplored Allegations In Complaint: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that a Magistrate is well within his jurisdiction to order an in depth enquiry under Section 202 CrPC, if the first report submitted by the enquiry officer lacks enquiry into certain allegations levelled in the complaint.

The observations were made by Justice Rajnesh Oswal while hearing a plea in terms of which the petitioner had sought the quashing of complaint pending before the court of Chief Judicial Magistrate, Jammu and an order passed by him directing enquiry by SSP.

The petitioner submitted that once an enquiry report was submitted, the trial court could have proceeded in accordance with either Section 203 CrPC or Section 204 CrP.C but could not have directed further enquiry to be conducted by the SSP.

The bench noted that the first enquiry officer had not conducted the enquiry properly, perhaps because of the reason that he lacked the territorial jurisdiction over the area where the alleged incident occurred. It also noted that the enquiry officer had not conducted any enquiry about the authenticity of the allegations vis-a-vis duping of persons named in the complaint.

Deliberating on the purpose of enquiry in terms of Section 202 CrPC, the court explained that the provision aims to determine as to whether the allegations levelled in the complaint are true so as to issue process against the accused.

Petitioner is right to the extent that after the report is submitted by the enquiry officer in terms of Section 202 Cr.P.C, then the trial court can either dismiss the complaint under Section 203 Cr.P.C or proceed ahead by issuing process against the accused under Section 204 Cr.P.C, however, the trial court while directing respondent No. 1 to conduct an in-depth enquiry after the report was submitted by the earlier enquiry officer, has not committed any illegality, as the earlier enquiry officer had not conducted the enquiry with regard to certain allegations levelled in the complaint, the bench maintained.

"The learned trial court was well within its power to get the authenticity of the allegations levelled in the complaint verified from the other enquiry officer", said the court.

It thus declined interference and dismissed the petition.

Case Title: Raj Kumar Vs SSP & Anr

Citation: 2023 LiveLaw (JKL) 76

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