1 CRM(M) No. 57/2022 C/w CRM(M) No. 410/2022 S. No. 120 Suppl. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 57/2022 C/w CRM(M) No. 410/2022 Atul Gupta …Appellant/Petitioner(s) Through: Mr. Musavir Ahmad Mir, Advocate Vs. Muneer Khan and Anr. ...Respondent(s) Through: Mr. Mushtaq Mohammad Bhat, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 02.06.2025 CRM(M) No. 57/2022: 1. Quashing of complaint pending adjudication before the Court of City Munsiff (Judicial Magistrate 1st Class), Srinagar, titled as “Dr. Muneer Khan and Anr. v. Earth Infrastructure Private Limited and Ors.”, whereby process against the petitioner has been issued, is sought in this petition, precisely on the ground that the Court of City Munsiff, without recording the statements of witnesses and complainant, has issued process against the petitioner. 2. The case of the petitioner is that a complaint came to be filed before the Court of Chief Judicial Magistrate, Srinagar, for commission of offence under Sections 420 and 506 IPC on the allegations contained in it and the said court transferred the complaint to Court of City Munsiff/Judicial Magistrate 1st Class Srinagar, which passed the following order. 2 CRM(M) No. 57/2022 C/w CRM(M) No. 410/2022 3. Perusal of order reveals that the court of Judicial Magistrate (City Munsiff) without taking any cognizance of offences alleged in the complaint has issued process against the accused. 4. Chapter XV of the Code of Criminal Procedure provides for the procedure to be followed in case of complaints made to Magistrates and how the Magistrate has to proceed once the complaint is filed before it. Section 200 provides that once a complaint is made to Magistrate and a Magistrate taking cognizance of an offence on a complaint has to examine the complainant and the witnesses present, if any, on oath, and the substance of such examination is to be reduced in writing and is to be signed by both the complainant and the witnesses, and also by the Magistrate. However, such requirement is not required to be followed, if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or if the Magistrate makes over the case for inquiry or trial to another Magistrate under Section 192 and in case the Magistrate makes over the case to another Magistrate under Section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. 3 CRM(M) No. 57/2022 C/w CRM(M) No. 410/2022 5. Section 202 Cr.P.C. deals with postponement of issue of process (summons or warrants) against accused person. It empowers a Magistrate upon receiving a complaint to either inquire into the case himself or direct an investigation by a police officer or other authorized person to determine if there is sufficient ground to proceed with the complaint. The primary objective is to ensure that the allegations are properly scrutinized before any process is issued against the accused so as to safeguard accused against frivolous or malicious complaints and to protect his rights. 6. Section 203 provides that if upon consideration of statement of complainant, statement of any of his witnesses and the results of any investigation or inquiry under Section 202 Cr.P.C. the Magistrate is of the opinion that there is no sufficient ground to proceed, the complaint can be dismissed by briefly recording the reasons. Section 203, thus, acts as a filter mechanism in the criminal justice system to allow the Magistrate to weed out baseless or frivolous complaints at an early stage. Sufficient ground as is mentioned in Section 203 means that Magistrate must be satisfied that a prima facie case is made out against the accused, based on the evidence of witnesses entitled to a reasonable degree of credited and it does not require that there is enough ground for conviction; only that the case is not groundless. Section 204 deals with the formal initiation of criminal proceedings by a Magistrate after taking cognizance of an offence. It is a crucial procedural step that ensures that the accused is called before the court to answer the charges.Chapter XVI deals with commencement of proceedings before Magistrate. 7. Here in this matter, once the case has been assigned to City Munsiff/Judicial Magistrate 1st Class, Srinagar, which simply after seeking report from the office issued process under Section 204 of Cr.P.C. without following the procedure as contained in Chapter XV of Cr.P.C. He was to take cognizance of offence after recording the statements of complainant and the witnesses. 8. Perusal of order, whereby process has been issued, reveals that the Magistrate has ignored the procedure which he was required to follow before issuing the process as contained in provisions of Section 200 as 4 CRM(M) No. 57/2022 C/w CRM(M) No. 410/2022 well as 202 and proceeded by issuing process, which is bad in law, therefore, the same is set aside. 9. The Trial Court shall proceed in the matter strictly in accordance with law. Since the order of taking cognizance has been set aside, therefore, all the proceedings thereafter shall stand quashed. The Trial Court shall proceed in the complaint afresh. CRM(M) No. 410/2022: 10. Petitioner is seeking discharge in a complaint; quashing of which was sought for in petition bearing CRM(M) No.57/2022. All the proceedings emanated from the complaint are set-aside and the Trial Court has already been herein above directed to proceed in the complaint afresh strictly in accordance with law. 11. Since the order of taking cognizance has been set aside, therefore, this petition is also disposed in light of order passed in CRM(M) No. 57/2022. 12. Disposed of. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 02.06.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 02.07.2025 14:28