Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner had challenged the order of the Additional Sessions Judge dismissing the revision application of the Petitioner against the order of Magistrate, dismissing his private complaint under Section 203 CrPC.

The Petitioner had filed a private complaint against the accused persons for offences under Sections 426, 427, 341 and 114 of IPC. It was averred by the Petitioner that initially the Magistrate had passed an order under Section 210 of CrPC and the report of the police officer was invited.

Section 210 provides the procedure to be followed when there is a complaint case and police investigation in respect of the same offence

Thereafter, the Magistrate followed the process under Section 202 of the Code wherein the Petitioner made his deposition. Section 202 provides that the Magistrate may, if he thinks fit, postpone the issue of process against the accused, and inquire into the case himself. The provision also empowers him to take evidence of witnesses on oath.

Accordingly, the Magistrate in this case recorded the deposition of the petitioner and gave the finding that the dispute between the complainant – present petitioner and the original accused is of civil nature and therefore on that ground the complaint filed by the petitioner came to be dismissed under Section 203 of the Code.

Section 203 provides for that after considering the statements on oath of the complainant and of the witnesses and the result of the inquiry or investigation under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint (with reasons).

Subsequently, the Petitioner's revision application before the Sessions Court was also rejected.

Claiming that the procedure under Section 203 was not followed and that relevant aspects of the complaint were not considered by the Magistrate Court, the Petitioner sought quashing of the impugned order. It was contended that prima facie ingredients of the alleged offences were made out and therefore, an error was committed by dismissing the complaint.

Per contra, the Respondent averred that the Magistrate had conducted due inquiry under Section 202 of the Code and therefore, no error was committed.

Justice Pancholi primarily noted that the Magistrate had passed an order under Section 210 and thereby sought a report from the police. Thereafter, only after following the procedure under Section 202, conducting inquiry and observing the deposition of the present Petitioner, the Magistrate rejected the complaint on the ground that the dispute was of civil nature as under Section 203.

Additionally, the Bench observed that a regular civil suit was also pending between the parties for the same issue before the concerned civil court and this had been taken into account by the Magistrate. For the same reason, the Trial Court deemed it fit to not entertain the petition.

Therefore, the High Court did not find any infirmity in the order of the Trial Court and refused to set aside the same. Accordingly, the petition was dismissed.

Case Title: Keshavbhai Mohanbhai Bhut vs Ranabhai Kalabhai Senta

Citation:

Case No.: R/SCR.A/1253/2022

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