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REPORTABLE

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 684 OF 2013
(Arisi! "#$ "% S.L.P. (Cr&.' N". (2)3 "% 200)'
Madhao & Anr. .... Appellant(s)
Versus
State of Maharashtra & Anr. .... Respondent(s)
*ITH

CRIMINAL APPEAL NO. 68+ OF 2013
(Arisi! "#$ "% S.L.P. (Cr&.' N". (324 "% 200)'
CRIMINAL APPEAL NO. 686 OF 2013
(Arisi! "#$ "% S.L.P. (Cr&.' N". (332 "% 200)'
CRIMINAL APPEAL NO. 68( OF 2013
(Arisi! "#$ "% S.L.P. (Cr&.' N". (6)3 "% 200)'
J U D , M E N T
P.S-$.-si/-01J.
1) Leave granted in all the special leave petitions.
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CRIMINAL APPEAL NO. OF 2013
(Arisi! "#$ "% S.L.P. (Cr&.' N". (2)3 "% 200)'
2) This appeal is directed against the final udg!ent and
order dated "2."#.2""# passed $% the &igh 'ourt of
(udicature at )o!$a%* +agpur )ench* +agpur in 'ri!inal
Application +o. ,112 of 2""- .here$% the &igh 'ourt
dis!issed the appeal filed $% the appellants herein .hile
confir!ing the order dated 2/."#.2""0* passed $% the 'ourt
of (udicial Magistrate* 1irst 'lass* 2hatani in 'ri!inal
'o!plaint 'ase +o. #2 of 2""0.
,) Bri2% %-3$s4
(a) The 2overn!ent of Maharashtra has pu$lished a
2overn!ent Resolution on "2."-.2""3 .herein it .as
infor!ed to the pu$lic at large that the percentage of
educated un4e!plo%ed a!ongst the Scheduled 'aste and
neo4)uddhist are on the higher side and those .ho are $elo.
povert% line are re5uired to .or6 under different sche!es
and their standard of living is conse5uentl% adversel%
affected. 1or the said reason* it .as resolved that land
should $e !ade availa$le to such people to create a source
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of inco!e for the!. 1or the said purpose* a sche!e .as
fra!ed $% na!e 7ara!veer 8adasahe$ 2ai6.ad
Sa$ali6aran and S.a$hi!an 9oana Sa!iti. As per the
Sche!e* a 'o!!ittee .as constituted in each district and
the 'ollector of the district .as to act as &ead of the
'o!!ittee. The said Sche!e .as !ade applica$le .ith
effect fro! "1."3.2""3. As per the Sche!e* land .as to $e
purchased $% the 2overn!ent and .as to $e !ade availa$le
to the persons $elonging to the Scheduled 'aste and neo4
)uddhist .ho .ere $elo. povert% line.
($) Madhao Ru6h!ai Vaid%a4Appellant +o.1 herein .hile
.or6ing as Special 8istrict :elfare ;fficer and Me!$er
Secretar% of the Sa!iti under the Sche!e* did several
transactions under the supervision of 8istrict 'ollector*
9avat!al. Sau. Sadhana Mahu6ar 9aval6ar4appellant +o.2* a
:arden at 2overn!ent &ostel* 2hatani* 8istrict 9avat!al
.as .or6ing as Assistant of appellant +o.1 in the said
Sche!e. She .as authori<ed $% appellant +o.1 to get the
Sale deeds e=ecuted in favour of the 2overn!ent of
Maharashtra under the Sche!e.
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(c) ;n "3."3.2""0* the State 2overn!ent purchased
agricultural land situated at village 7oli4)uru5. The said land
.as ointl% o.ned $% eight persons. The appellants* after
perusing the revenue records of the said land purchased it
fro! the Vendors $% getting e=ecuted a registered sale
deed. At the ti!e of e=ecution of sale deed* on "/."0.2""0*
an affidavit .as s.orn $% the Vendors that the% .ere
residents of Mou<a 7oli4)u<ru5* Tahsil 2hatani* 8istrict
9avat!al and .ere the o.ners of 2ut +o. 3, of the said
propert%.
(d) ;n "3."-.2""0* A ne.spaper $% na!e >Tarun )harat?
pu$lished an article in .hich it .as alleged that the
petitioners have purchased agricultural land sho.ing
Ra!esh as alive .hile he .as dead. @t .as further alleged
that one Ra!esh Shi6ai Rathod had signed the sale deed as
Ra!esh Shi6a (adhav.
(e) ;n co!ing to 6no. a$out the said pu$lication* appellant
+o. 1 on 2#."-.2""0 !ade an en5uir% and recorded the
state!ents of the said eight A=ecutants and on "2."/.2""0
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lodged a report in 2hatani B.S. against the! for an offence
of i!personation and cheating.
(f) ;n "/."/.2""0* the officials of 2hatani B.S. registered
offences punisha$le under Sections 32"* 31#* 3-C and ,3 of
the @ndian Benal 'ode* 1C-" (for short D@B'E) for the acts of
fraud* cri!inal $reach of trust and i!personation against the
said accused persons vide 'ri!e +o. CC of 2""0.
(g) ;n "#."#.2""0* one Rani6ant 8elura! )orele* clai!ing
hi!self to $e a Social :or6er* filed a 'ri!inal 'o!plaint in
the court of the (udicial Magistrate* 1irst 'lass* 2hatani*
.hich .as registered as 'ase +o. #2 of 2""0 against the
appellants4herein* Su$4Registrar and fe. !ore persons. @n
the co!plaint it .as alleged that the accused had purchased
the land fro! a dead person* na!el%* Ra!esh Shi6ai (adhav*
.hile the appellants .ere acting in their official capacit%
under the said Sche!e.
(h) Learned Magistrate* $% order dated 2/."#.2""0*
directed the Bolice to investigate the !atter under Section
10-(,) of the 'ode of 'ri!inal Brocedure 'ode* 1#/, (in
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short the >'ode?) and to su$!it a detailed report .ithin one
!onth.
(i) ;n 10."#.2""-* the appellants (Madhao Ru6h!ai
Vaid%a and Sau. Saudhana Mahu6ar 9aval6ar) filed an
application under Section 3C2 of 'r.B.'. $eing 'ri!inal
Application +o. ,112 of 2""- $efore the )o!$a% &igh 'ourt
see6ing 5uashing of the prosecution of the applicants
(appellants herein) in 'ri!e +o. #2 of 2""0.
() ;n "2."#.2""#* after hearing the parties* the &igh 'ourt
dis!issed the 'ri!inal Application preferred $% the
appellants4herein $% holding that the procedure adopted and
the po.er e=ercised $% the Magistrate ordering investigation
under Section 10-(,) of 'r.B.'. is ust and proper.
(6) )eing aggrieved* appellants herein filed SLB +o. /2#, of
2""#.
CRIMINAL APPEAL NO. OF 2013
(Arisi! "#$ "% S.L.P. (Cr&.' N". (324 "% 200)'
3) ;n 2/."#.2""-* one of the accused* na!el%* A6ash
8attatra%a Mara.ar (A41)* $usiness !an* also filed 'ri!inal
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Application +o. ,232 of 2""- $efore the &igh 'ourt see6ing
5uashing of the prosecution in 'ri!e +o. #2 of 2""0. The
&igh 'ourt* $% order dated "2."#.2""#* dis!issed the
application. )eing aggrieved* he filed special leave petition
+o. /,23 of 2""#.
CRIMINAL APPEAL NO. OF 2013
(Arisi! "#$ "% S.L.P. (Cr&.' N". (332 "% 200)'
0) ;n 23.1".2""-* another accused* na!el%* ;!pra6ash
&iralal (ais.al* Su$4Registrar* also filed 'ri!inal Application
+o. ,02- of 2""- $efore the &igh 'ourt see6ing 5uashing of
the prosecution in 'ri!e +o. #2 of 2""0. The &igh 'ourt* $%
order dated "2."#.2""#* dis!issed the application. )eing
aggrieved* he filed special leave petition +o. /,,2 of 2""#.
CRIMINAL APPEAL NO. OF 2013
(Arisi! "#$ "% S.L.P. (Cr&.' N". (6)3 "% 200)'
-) ;n 2#.1".2""-* one of the accused* na!el%* Asla!
Sha6il (ulphi6ar 7han* e!plo%ee of A6ash 8attatra%a
Mara.ar (A41)* $usiness !an* also filed 'ri!inal Application
+o. ,23" of 2""- $efore the &igh 'ourt see6ing 5uashing of
the prosecution in 'ri!e +o. #2 of 2""0. The &igh 'ourt* $%
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order dated "2."#.2""#* dis!issed the application. )eing
aggrieved* he filed special leave petition +o /-#, of 2""#.
/) &eard Mr. Fda% F. Lalit* learned senior counsel for the
appellant and Mr. Shan6ar 'hillarge* learned Additional
Advocate 2eneral for the respondent4State of Maharashtra.
C) The onl% point for consideration in all these appeals is
.hether the learned Magistrate is ustified in directing the
Bolice to investigate and su$!it a detailed report .ithin one
!onth under Section 10-(,) of the 'ode.
#) The order of the learned Magistrate sho.s that $efore
passing the direction for investigation under Section 10-(,)*
heard the counsel for the co!plainant* perused the
allegations !ade against the accused in the co!plaint and
docu!ents anne=ed there.ith. @t also sho.s that ta6ing
note of the fact that so!e of the accused are pu$lic officers
and after o$serving that it needs proper investigation prior to
the issue of process against the accused under Section
10-(,) of the 'ode directed the B.S.;. 2hatani to investigate
the !atter and su$!it a detailed report .ithin one !onth.
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1") 'hapter G@V of the 'ode spea6s a$out conditions
re5uisite for initiation of proceedings. Section 1#" deals .ith
cogni<ance of offences $% Magistrates. @n ter!s of su$4
section (1) su$ect to the provisions of the said 'hapter* an%
Magistrate of first class* and an% Magistrate of the second
class speciall% e!po.ered in this $ehalf under su$4section
(2)* !a% ta6e cogni<ance of an% offence H (a) upon receiving
a co!plaint of facts .hich constitute such offenceI ($) upon a
police report of such factsI (c) upon infor!ation received
fro! an% person other than a police officer* or upon his o.n
6no.ledge* that such offence has $een co!!itted.
11) Su$4section (,) of Section 10- of the 'ode ena$les an%
Magistrate e!po.ered under Section 1#" !a% order such an
investigation in ter!s of su$4section (1) of that section.
12) @n CREF Finance Ltd. vs. Shree Shanthi Homes (P)
Ltd. and Another* (2""0) / S'' 3-/* .hile considering the
po.er of a Magistrate ta6ing cogni<ance of the offence* this
'ourt heldJ
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>1". K. 'ogni<ance is ta6en at the initial stage .hen the
Magistrate peruses the co!plaint .ith a vie. to ascertain
.hether the co!!ission of an% offence is disclosed. The
issuance of process is at a later stage .hen after
considering the !aterial placed $efore it* the court
decides to proceed against the offenders against .ho! a
pri!a facie case is !ade out. @t is possi$le that a
co!plaint !a% $e filed against several persons* $ut the
Magistrate !a% choose to issue process onl% against so!e
of the accused. @t !a% also $e that after ta6ing cogni<ance
and e=a!ining the co!plainant on oath* the court !a%
co!e to the conclusion that no case is !ade out for
issuance of process and it !a% reect the co!plaint. @t !a%
also $e that having considered the co!plaint* the court
!a% consider it appropriate to send the co!plaint to the
police for investigation under Section 10-(,) of the 'ode
of 'ri!inal BrocedureK.?
@t is clear that an% udicial !agistrate $efore ta6ing
cogni<ance of the offence can order investigation under
Section 10-(,) of the 'ode. @f he does so* he is not to
e=a!ine the co!plainant on oath $ecause he .as not ta6ing
cogni<ance of an% offence therein.
1,) :hen a !agistrate receives a co!plaint he is not $ound
to ta6e cogni<ance if the facts alleged in the co!plaint
disclose the co!!ission of an offence. The !agistrate has
discretion in the !atter. @f on a reading of the co!plaint* he
finds that the allegations therein disclose a cogni<a$le
offence and the for.arding of the co!plaint to the police for
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investigation under Section 10-(,) .ill $e conducive to
ustice and save the valua$le ti!e of the !agistrate fro!
$eing .asted in en5uiring into a !atter .hich .as pri!aril%
the dut% of the police to investigate* he .ill $e ustified in
adopting that course as an alternative to ta6ing cogni<ance
of the offence itself. As said earlier* in the case of a
co!plaint regarding the co!!ission of cogni<a$le offence*
the po.er under Section 10-(,) can $e invo6ed $% the
Magistrate $efore he ta6es cogni<ance of the offence under
Section 1#"(1)(a). &o.ever* if he once ta6es such
cogni<ance and e!$ar6s upon the procedure e!$odied in
'hapter GV* he is not co!petent to revert $ac6 to the pre4
cogni<ance stage and avail of Section 10-(,).
14) :here a Magistrate chooses to ta6e cogni<ance he can
adopt an% of the follo.ing alternativesJ
(a) &e can peruse the co!plaint and if satisfied that
there are sufficient grounds for proceeding he can
straighta.a% issue process to the accused $ut $efore he
does so he !ust co!pl% .ith the re5uire!ents of
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Section 2"" and record the evidence of the co!plainant
or his .itnesses.
(b) The Magistrate can postpone the issue of process
and direct an en5uir% $% hi!self.
(c) The Magistrate can postpone the issue of process
and direct an en5uir% $% an% other person or an
investigation $% the police.
10) @n case the Magistrate after considering the state!ent
of the co!plainant and the .itnesses or as a result of the
investigation and the en5uir% ordered is not satisfied that
there are sufficient grounds for proceeding he can dis!iss
the co!plaint.
1-) :here a Magistrate orders investigation $% the police
$efore ta6ing cogni<ance under Section 10-(,) of the 'ode
and receives the report thereupon he can act on the report
and discharge the accused or straighta.a% issue process
against the accused or appl% his !ind to the co!plaint filed
$efore hi! and ta6e action under Section 1#" of the 'ode.
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1/) The a$ove principles have $een reiterated in
Devarapalli Lakshminarayana Reddy and thers vs. !.
"arayana Reddy and thers* (1#/-) , S'' 202 and #$la
Ram and thers vs. %ishore Sin&h* (1#//) 3 S'' 30#
1C) 7eeping the a$ove principles* if .e test the sa!e .ith
the direction issued $% the !agistrate for investigation under
Section 10-(,) of the 'ode and facts of these cases* .e are
satisfied that the !agistrate has not e=ceeded his po.er nor
violated an% of the provisions contained in the 'ode. As
o$served earlier* the !agistrate need not order an%
investigation if he pre4supposes to ta6e cogni<ance of the
offence and once he ta6es cogni<ance of the offence* he has
to follo. the procedure provided in 'hapter GV of the 'ode.
@t is also settled position that an% udicial !agistrate $efore
ta6ing cogni<ance of the offence can order investigation
under Section 10-(,) of the 'ode.
1#) As rightl% o$served $% the &igh 'ourt* the !agistrate
$efore ta6ing cogni<ance of the offence can order
investigation under Section 10-(,) of the 'ode* .e are of the
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vie. that the procedure adopted and the po.er e=ercised $%
the !agistrate in this case is accepta$le and in accordance
.ith the sche!e of the 'ode. :e are also satisfied that the
&igh 'ourt rightl% refused to e=ercise its po.er under Section
3C2 of the 'ode.
2") @n the light of the a$ove discussion and conclusion* .e
find no !erit in all these appeals* conse5uentl%* the sa!e
are dis!issed.

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