Bhopal Singh Vs. State - Court Judgment

Excerpt:
penal code - sections 447 & 427 and scheduled castes and scheduled tribes (prevention of atrocities) act, 1989--section 3(i)(v)(x) and criminal procedure code--taking cognizance of offence--police submitted final report--held, magistrate can disagree and take cognizance of offence--existence of prima facie case to be decided at stage of framing charge--order of magistrate is not prejudicial.;the magistrate has taken cognizance though the police had submitted final report. it cannot be disputed that the magistrate can dis-agree with the police report and may take cognizance of the offence/offences it is satisfied that they are grounds to pleceed in the case. whether from the evidence, a prima facie case is made out or not, is a question which shall be decided by the trial court at the stage of framing charge/charges after hearing the petitioner.;it cannot be said that the order passed by the magistrate is prejudicial.;petition dismissed - - it cannot be disputed that the magistrate can dis-agree with the police report and may take cognizance of the offend offences it is satisfied that they are grounds to proceed in the case. at that stage, the petitioner shall be in a better position to make his submission. five thousands) with one surety in the like amount to the satisfaction of the trial court to appear before it or any other court, during the pendency of the trial of the case.n.l. tibrewal, j.1. this petition under section 482 cr.p.c. is directed against the order date may 11, 1992 of addl. chief judicial magistrate, hindaun, taking cognizance for the offence under sections 447 & 427 ipc and section 3(i)(v)(x) of the s.e. & s.t. (prevention of atrocities) act, 1989. the magistrate has taken cognizance though the police had submitted final report. it cannot be disputed that the magistrate can dis-agree with the police report and may take cognizance of the offend offences it is satisfied that they are grounds to proceed in the case. whether from the evidence, a prima facie case is made out or not, is a question which shall be decided by the trial court at the stage of framing charge/ charges after hearing the petitioner. at that stage, the petitioner shall be in a better position to make his submission.2. it cannot be said that the order posed by the magistrate is prejudicial. hence this petition is dismissed summarily.3. however, the petitioner may surrender before the trial court and move an application under section 439 cr.p.c. for grant him bail. if he does so, the trial. magistrate shall release him on bail on his furnishing a personal bond in the sum of rs. 5,000/- (rs. five thousands) with one surety in the like amount to the satisfaction of the trial court to appear before it or any other court, during the pendency of the trial of the case. two weeks' time is granted to the petitioner to surrender before the concerned court and for two weeks, the warrant of arrest shall not be executed. however, if he fails to appear before the concerned magistrate within the stipulated period or furnish bail bonds, the magistrate shall be free to issue non-bailable warrant for his arrest.