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Judgment
B.D. Rathi, J.—Heard. By invoking inherent power of this Court u/s 482 of The Code of Criminal Procedure, 1973 (in short the Code) this petition has been preferred being aggrieved from the order dated 17.07.2010 passed in Criminal Revision 145/2013 from the Court of Sessions Judge, Bhind whereby order for dismissal of the complaint u/s 204(4) of the Code from the Court of JMFC, Bhind has been affirmed.
Having regards to the argument advanced on behalf of the learned counsel for the petitioner impugned order dated 17.07.2013, has been perused.
The original complaint case was registered under Sections 337 & 338 of Indian Penal Code (in short the IPC). As per the first Schedule of the Code both the offences are cognizable meaning thereby Police Officers has authority to arrest without warrant as per Section 2(C) & (L) of the Code and as per the Section 20 of Chapter-IV of the Court's Fees Act, 1870 no process fee is required for issuing the process. Therefore, for want of process fee case could not be dismissed u/s 204(4) of the Code.
The impugned order dated 17.07.2013 of Revisional Court and 05.04.2013 of the Trial Court are perverse and illegal. Therefore, both the orders are set aside. Accordingly petition is allowed. It is directed that the private complaint case No. 136/2010 JMFC, Bhind be registered again and proceeded further as per the law. A copy of this order be sent to the concerned Court for necessary compliance.