Supreme Court of India has observed that a Magistrate conducting an inquiry under Section 202(1) of the Criminal Procedure Code (CrPC) is required to consider the statements of both the complainant and their witnesses before dismissing a complaint under Section 203 of the CrPC.
The case in question, titled "Dilip Kumar vs. Brajraj Shrivastava," involved a complaint filed before a Magistrate against an accused, alleging multiple offenses under various sections of the Indian Penal Code, 1860. Initially, the Magistrate ordered an inquiry under Section 202(1) of the CrPC.
However, to the surprise of many, the Magistrate only recorded the statement of the complainant and subsequently dismissed the complaint under Section 203 of the CrPC, without examining other witnesses mentioned in the complaint.
The High Court, in response to a petition challenging the dismissal order, found fault with the Magistrate's handling of the case, stating that a proper inquiry as required by Section 202(1) of the CrPC had not been conducted. As a result, the High Court remitted the complaint back to the Magistrate for a fresh inquiry under Section 202 of the CrPC.
Challenging the High Court's decision, the accused contended that it was not obligatory for the Magistrate to record statements of all witnesses. According to the accused, the Magistrate had rightfully determined that the allegations in the complaint were mala fide, based on the statement of the complainant and other material on record.
However, the Apex Court disagreed with the accused's argument and upheld the High Court's decision. The Court highlighted that when conducting an inquiry under Section 202(1) of the CrPC and subsequently dismissing a complaint under Section 203 of the CrPC, the Magistrate must take into account the statements of both the complainant and their witnesses. In this case, the Magistrate failed to examine the other witnesses specifically mentioned in the complaint, without providing valid reasons for doing so.
The bench stated, "After taking recourse to sub-Section (1) of Section 202 of the CrPC, before dismissing a complaint by taking recourse to Section 203 of the CrPC, 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 Supreme Court's ruling clarifies the mandatory requirement for Magistrates to conduct a thorough and impartial inquiry, taking into account all relevant evidence before dismissing a complaint. This judgment is expected to ensure fairer proceedings and protect the rights of both complainants and accused individuals in similar cases.
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