Amar Nath vs Sh. Yashwant Singh, Sub-Registrar, Sub Tehsil, Bharari, Tehsil Ghumarwin, Distt. Bilaspur, H.P., Sh. Ranjeet Singh, Registration Clerk, o/o Sub- Registrar, Sub Tehsil Bharari, Tehsil Ghumarwin, Distt. Bilaspur, H.P. and Sh. Mansha Ram

Kuldip Singh, Judge

The order dated 21.10.2011 passed by Judicial Magistrate Ist Class (III), Ghumarwin in complaint No. 21/2 of 2011 has been assailed in this revision. The facts in brief are that petitioner had filed an application in the court of Judicial Magistrate u/s 156(3) Cr.PC. for a direction to S.H.O., Police Station, Bharari to register a case against the respondents for offences punishable under sections 217, 219, 420, 477 IPC. The court on 8.6.2011 postponed the issuance of process. It has been observed that allegations have been raised against Revenue Officer, Registration Clerk and one Mansha Ram. In view of magnitude of offence alleged, the learned Magistrate had directed that inquiry to be conducted by S.D.M., Ghumarwin and Dy. S.P. Ghumarwin jointly for the purpose of deciding whether or not there are sufficient grounds to proceed in the case u/s 202 Cr.P.C.

A copy of inquiry report dated 2.7.2011 has been placed on record. The inquiry report dated 2.7.2011 is signed by Sub Divisional Police Officer, Ghumarwin. The inquiry report has not been signed by the Sub Divisional Magistrate, Ghumarwin. Therefore, inquiry report dated 2.7.2011 cannot be termed a joint report of Sub Divisional Magistrate and Sub Divisional Police Officer, Ghumarwin as directed in the order dated 8.6.2011. The Magistrate in the order dated 21.10.2011 has relied the report submitted by Sub Divisional Police Officer, Ghumarwin. The report dated 2.7.2011 submitted by the Sub Divisional Police Officer, Ghumarwin is not in accordance with the direction of Magistrate dated 8.6.2011 inasmuch as the report has not been prepared and signed jointly by Sub Divisional Magistrate and Dy. S.P., Ghumarwin. The Magistrate has erred in relying the report dated 2.7.2011. In these circumstances, the order dated 21.10.2011 is not sustainable and same is set-aside. The matter is sent back to the Magistrate to proceed further in accordance with law. The parties through their counsel are directed to appear before the learned Judicial Magistrate (3), Ghumarwin on 18.4.2012.