MANHARIBHAI MULJIBHAI KAKADIA & ANR. versus SHAILESHBHAI MOHANBHAI PATEL & ORS.

Citation: [2012] 8 S.C.R. 1015 · Decided: 01-10-2012 · Supreme Court of India · Bench: RAJENDRA MAL LODHA · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2012] 8 S.C.R. 1015 
MANHARIBHAI MULJIBHAI KAKADIA & ANR. 
A 
v. 
SHAILESHBHAI MOHANBHAI PATEL & ORS. 
(Criminal Appeal No. 1577 of 2012) 
OCTOBER 1, 2012 
[R.M. LODHA, CHANDRAMAULI KR. PRASAD AND 
SUDHANSU JYOTI MUKHOPADHAYA, JJ.] 
CODE OF CRIMINAL PROCEDURE, 1973: 
B 
c 
ss. 397and 401(2) read with ss. 202 and 203- Revision 
against order u/s 203 dismissing the complaint - Right of the 
person accused I suspect to be heard -
Held: In the 
proceedings uls. 202 the person accused/suspect is not 
entitled to be heard on the question whether the process 0 
should be issued against him or not - However, in a revision 
petition preferred by complainant before High Court or 
Sessions Judge challenging an order of the Magistrate 
dismissing the complaint u/s. 203 at the stage u/s. 200 or after 
following the process contemplated u/s. 202 of the Code, the 
E 
person accused/suspect" is entitled to hearing by the 
revisional court - The stage is not important whether it is pre-
process stage or post-process stage - If the revisional court 
overturns the order of the Magistrate dismissing the complaint 
and the complaint is restored to the file of the Magistrate for 
fresh consideration, the persons who are alleged in the 
F 
complaint to have committed the crime have, however, no 
right to participate in the proceedings nor are they entitled to 
any hearing of any sort whatsoever by the Magistrate until the. 
consideration of the matter by the Magistrate for issuance of 
G 
process. 
ss. 200, 202 and 203 - Criminal complaint - Expression 
'taking cognizance of an offence' -
Connotation of -
Explained - Held: In the context of ss. 200, 202 and 203, the 
1015 
H 
1016 
SUPREME COURT REPORTS 
[2012] 8 S.C.R. 
A expression 'taking cognizance' embraces within itself all 
powers and authority in exercise of jurisdiction and taking of 
authoritative notice of the complaint or the first information 
report or the information that offence has been committed, on 
application of judicial mind - It does not necessarily mean 
B issuance of process - In the instant case, from the order of 
the Chief Judicial Magistrate directing an inquiry to be made 
by police, it becomes apparent that he had applied judicial 
mind on the complaint and had taken cognizance that day 
although he postponed issue of process by directing an 
C investigation to be made by Police Officer - Therefore, it 
cannot be said that the CJM had not taken cognizance in the 
matter and the complaint was dismissed uls. 203 at the pre-
cognizance stage. 
D 
Words and Phrases: 
Expression 'prejudice', 'other person' and 'in his own 
defence' occurring in s.401(2) CrPC - Connotation of. 
A complaint was filed against the appellants for 
offences punishable u/ss 420, 467, 468, 471 and 120-B 
E IPC. The Chief Judicial Magistrate, on 18.6.2004, in 
exercise of his powers u/s 202 CrPC, directed the inquiry 
to made by the police. The Investigating Officer, after 
investigating into the matter submitted 'C' Summary 
Report stating that the dispute between the parties was 
F of a civil nature and no offence was made out. The said 
report was accepted. The complainant filed a revision 
petition u/s 397 read with s. 401 CrPC before the High 
Court. The appellants filed an application for being 
impleaded as respondents in the revision so that they 
G could be heard in the matter. The High Court rejected the 
application. 
Allowing the appeal, the Court 
H 
HELD: 1.1. Section 202 of the Code of Criminal 
MANHARIBHAI MULJIBHAI KAKADIA v. SHAILESHBHAI 1017 
MOHANBHAI PATEL 
Procedure, 1973 has twin objects: one, to enable the 
A 
Magistrate to scrutinize carefully the allegations made in 
the complaint with a view to prevent a person named 
therein as accused from being called upon to face an 
unnecessary, frivolous or meritless complaint, and the 
other, to find out whether there is some material to 
B 
support the allegations made in the complaint. The 
Magistrate has a duty to elicit all facts having regard to 
the interest of an absent accused person and also to 
bring to book a person or persons against whom the 
allegations have been made. To find out this, the c 
Magistrate himself may hold an inquiry u/s 202 or direct 
an investigation to be made by a police officer. In that 
event, the Magistrate in fact postpones the issue of 
process. On conclusion of the inquiry by himself or on 
receipt of report from the police officer or from such other 0 
person who has been directed t

Excerpt shown. Read the full judgment & AI analysis in Lexace.