9911796707
TMI Blog1994 (11) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... Judicial Magistrate, First Class, Bilara, against the respondents under various sections of the Penal Code. The gravamen of the allegation was that the respondents had, in pursuance of a conspiracy, transferred some land on the strength of a special power of attorney bearing forged signature. The Magistrate, after perusal of the complaint, directed an investigation to be made as contemplated by S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned judgment of the High Court shows that it took the view that the Magistrate had no jurisdiction to take cognizance after the final report submitted by police had been once accepted. Shri Gupta, appearing for the appellant, contends that this view is erroneous in law inasmuch as Section 173(8) of the Code permit further investigation in respect of an offence after a report under Sub-sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ows that it took the view that dismissal of a complaint under Section 203 of the Code is no bar to the entertainment of a second complaint on the same facts; but the same could be done only in exceptional circumstances some of which have been illustrated in the judgment. Further observation in this regard is that a fresh complaint can be entertained, inter alia, when fresh evidence comes forward. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n quashing the cognizance taken by the learned Magistrate. The appeal is, therefore, allowed by setting aside the impugned judgment. It would, however, be open to the respondents, on the matter being, further taken up by the Magistrate, to urge that no case against them has been made out, whereupon such order shall be passed by the Magistrate as deemed legal and just. X X X X Extracts X X X X X X X X Extracts X X X X
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