Recently, the Chhattisgarh High Court allowed the petitions filed under Section 482 of the Criminal Procedure Code (CrPC) by the petitioners/accused persons No.1&2 against the impugned order dated 06.09.2018 passed by the Judicial Magistrate First Class, and quashed the criminal proceedings against the petitioners, holding that once a Magistrate has invoked Chapter XV of the CrPC, a complainant cannot revert to filing a fresh complaint under Section 200 CrPC on the same facts.
Brief Facts:
The petitioners, who were government officials, were accused of illegally issuing revenue documents, thereby facilitating fraudulent land sales. The complainant initially filed an application under Section 156(3) CrPC before the Judicial Magistrate First Class (JMFC), seeking registration of an FIR. The JMFC directed the police to register an FIR and investigate the matter. The High Court quashed the JMFC’s order and held that the Magistrate, having taken cognizance under Chapter XV of CrPC, could not have reverted to Section 156(3) CrPC. Subsequently, the complainant filed a fresh complaint under Section 200 CrPC on 31.05.2017, leading to the registration of a criminal case against the petitioners under Sections 420, 467, 468, 471, and 120-B of the Indian Penal Code (IPC). The petitioners have challenged this order in the present petitions.
Contentions of the Petitioners:
The learned counsel for the petitioners argued that the subsequent complaint under Section 200 CrPC was barred, as the same allegations had already been adjudicated under Section 156(3) CrPC and quashed by the High Court. It was contended that the complainant could not circumvent the High Court’s order by filing a fresh complaint on identical facts.
Contentions of the Respondents:
The learned counsel for the respondents opposed the petitions, arguing that the previous application under Section 156(3) CrPC was dismissed on technical grounds and did not preclude the complainant from filing a fresh complaint under Section 200 CrPC. It was submitted that the trial court had properly exercised its jurisdiction in taking cognizance of the offence.
Observations of the Court:
The Court noted that when an application under Section 156(3) CrPC is filed before the jurisdictional magistrate, the magistrate, before taking cognizance of the offence, can order an investigation under Section 156(3) CrPC.
The Court observed that when the JMFC had previously exercised jurisdiction under Chapter XV of CrPC by recording the complainant’s statement and issuing directions, the complainant could not later revert to Section 200 CrPC on the same facts. The Court said that when the Magistrate has already invoked Chapter XV of CrPC, he could not have reverted to Section 156(3) CrPC. Once the earlier complaint had been adjudicated and quashed, the complainant had no right to file a fresh complaint under Section 200 CrPC.
Decision of the Court:
The Chhattisgarh High Court, allowing the petitions, held that the order dated 06.09.2018 passed in Criminal Complaint Case Nos. 1206/2018, 1207/2018, and 1212/2018 are hereby set aside.
Case Title: D.D. Mahant & Anr. vs. Firoz Khan & Ors.
Coram: Hon’ble Justice Ravindra Kumar Agrawal
Case No.: CRMP NO. 2374/2018
Advocate for the Petitioners: Shri Manoj Paranjpe
Advocate for the Respondents: Shri Hemant Kesharwani
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