Sir/Mam,
I filed case u/s. 420 of IPC against 2 Accsed one of them resides outside the jurisdiction of Court.
The Magistrate after going through the complaint took cognizance and decided to record my statement on oath on next date and after recording the same he sent the case to Police for inquiry u/s. 202 of Cr.P.C. and the Police sent the negative report after 03 months.
After 06 months, the Magistrate dismissed the Complaint amongst others on grounds that
- The ingredients of section 420 of Indian Penal Code are not made out.
In my opinion if the ingredients were not made out as per sec. 420 then the Magistrate straightway must have rejected the Complaint at pre-cognizance stage before taking cognizance, recording my statement on oath and sending case for inquiry u/s. 202 of Cr.P.C.
Whether my opinion is correct or not ?
Whether the Magistrate is right to reject the case by assigning such reason at this stage ?
Thanks.
