TMI Blog2001 (9) TMI 1163X X X X Extracts X X X X X X X X Extracts X X X X ..... committal, had no power to add four respondents as accused- persons without adopting procedure as prescribed under Section 203 of the Code, the High Court allowed the petition of the respondents and set aside the order the court by which cognizance of offence under Section 395 of the Indian Penal Code was taken. The case has been remanded back to the learned Magistrate to hold inquiry as per the provisions of Section 203(2) of the Code with direction that if he finds that a case under Section 395 IPC is made out, he will pass necessary orders against the accused persons and commit the case to the Sessions Judge, if necessary. The facts giving rise to the filing of the appeal are that on 10.3.1988 when the appellant-informant was sitting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking cognizance for offence under Section 395 IPC as also by adding the names of aforesaid four accused persons while committing them to the court of Sessions to stand their trial. Learned counsel appearing for the appellant made a two-fold submission to assail the judgment of the High Court. Firstly, he contended that as the earlier revision petition filed by the accused persons under Section 397 of the Code had been rejected by the High Court vide order dated 13.7.1990 (Annexure P-6), they had no right to file the petition under Section 482 of the Code with prayer for quashing the same order. Secondly, it is submitted that the High Court committed a mistake of law by directing the Magistrate to follow the procedure as prescribed unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner does not press the same. We are of the opinion that when the earlier revision petition filed under Section 397 of the Code had been dismissed as not pressed, the accused-respondents could not be allowed to invoke the inherent powers of the High Court under Section 482 of the Code for the grant of the same relief. We do not agree with the arguments of the learned counsel for the respondents that as the earlier application had been dismissed as not pressed, the accused had acquired a right to challenge the order adding the offence under Section 395 of the Code and arraying four persons as accused-persons by way of subsequent petition under Section 482 of the Code. The object of criminal trial is to render public justice and to assur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may amount to circumvention of provisions of Section 397(3) or Section 397(2) of the Code. We are of the opinion that no special circumstances were spelt out in the subsequent application for invoking the jurisdiction of the High Court under Section 482 of the Code and the impugned order is liable to be set aside on this ground alone. Even on merits, the High Court committed a mistake of law by referring to the provisions of Section 203 of the Code and after setting aside the impugned order directing the Judicial Magistrate to hold inquiry as per Section 203(2) of the Code before deciding the inclusion of offence under Section 395 I.P.C. or impleadment of the respondents as accused persons. Chapter XV of the Code comprising of Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommit, after compliance with the provisions of Section 207 or Section 209, as the case may be, the case to the court of Sessions and subject to the provisions of the Code, pass appropriate orders. This Section refers back to Section 190, as is evident from the words instituted on a police report used in Section 190(1)(b) of the Code. While dealing with the scope of Section 190 this Court in Raghubans Dubey v. State of Bihar [1967 (2) SCR 423] held that the cognizance taken by the Magistrate was of the offence and not of the offenders. Having taken cognizance of the offence, a Magistrate can find out who the real offenders were and if he comes to the conclusion that apart from the persons sent by the police some other persons were also inv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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