Jai Prakash vs State of Rajasthan

N.C. Sharma, J.—Heard Mr. Narendra Saraswat and learned public prosecutor. Non-petitioners Nos. 2 to 5 are absent despite service. It is clear from the report of the Chief Judicial Magistrate dated 20th Oct, 1987 sent by him in pursuance of the orders of this Court dated 18th August, 1987 that in the notice stated to have been sent to the petitioner-complainant before acceptance of the final report by the Chief Judicial Magistrate, no specific date was mentioned by him It was necessary for the Chief Judicial Magistrate to issue notice the complainant-petitioner and to serve the same upon him and to hear him on a specified date mentioned in the notice against the acceptance of the final report given by the police. Compliance of this principle of natural justice was not made by the Chief Judicial Magistrate, Churu.

Consequently, the order of the Chief Judicial Magistrate dated June 6, 1987 accepting the final report is set aside and the notice issued by the Chief Judicial Magistrate, Churu to the petitioner as to why the complaint may not be filed against the petitioner u/s 211 IPC is also quashed. The petitioner is directed to appear before the Chief Judicial Magistrate, Churu on 2nd December, 1987 to show cause against the acceptance of the final report submitted by the police to the Chief Judicial Magistrate on the complaint which had been sent to the police by the Magistrate u/s 156(3) Cr.PC for investigation.