At Stage Of Taking Cognizance, Magistrate Cannot Peruse Veracity Of Witnesses: Madras High Court

The Madras High Court, Madurai Bench has held that at the stage of taking cognizance, the Magistrate cannot peruse the veracity of the witnesses.

The Court was dealing with a criminal original petition filed under Section 397 read with Section 401 of CrPC, to set aside the order passed by the Judicial Magistrate Court and allow the revision petition.

A Single Bench of Justice P. Dhanabal noted, “At the stage of taking cognizance, the learned Magistrate cannot peruse the veracity of the witnesses and the duty of the Magistrate is whether any primacy facie material available to constitute the offence or not. As per the statement of witnesses, some offences are made out and thereby without considering the same, the learned Magistrate has dismissed the private complaint and not even discussed about the documents filed by the petitioner and the injuries sustained by the petitioner. Therefore, the order of the magistrate is liable to be set aside.”

Advocate R. Karunanidhi appeared on behalf of the petitioner in this case.

Brief Facts -

The case of the petitioner was that he was on the way to his house with his friend and at that time, the Sub-Inspector of Police, who was the first respondent and one man, who were in vehicle check-up in I.N.T.U.C. Nagar bus stop and who dropped the petitioner had gone to his village. Thereafter, while the petitioner was walking on the way to his house, the said man intercepted the petitioner. For that, the petitioner replied that he could not call to his friend because he had no cell phone with him and thereafter, the respondent asked about the petitioner's village, name and caste and scolded the petitioner with filthy language and abused his caste name and assaulted in the right side ear and vehemently pushed the face of the petitioner.

When the same was questioned by the petitioner, the respondents illegally took the petitioner to the police station and physically assaulted and thereby, he sustained injuries and there was a bleeding in the ear, nose, and eyes of the petitioner. After the custodial torture, the respondents had severely humiliated the petitioner in the custody with derogatory words. Thereafter, a false case was registered against the petitioner for the offences under Sections 294(b), 353, and 506(i) of IPC. The Magistrate dismissed the said application holding that there were contradictions between the statement of the witnesses.

The High Court in view of the facts and circumstances of the case said, “… it is clear that at the time of taking cognizance the Magistrate has to look into the complaint and other documents along with the sworn statement recorded by him. In the case on hand, the learned Magistrate has looked into the sworn statement above and failed to consider the complaint averments and documents.”

The Court added that the order passed by the Judicial Magistrate is liable to be set aside.

Accordingly, the High Court allowed the petition and remanded back the matter to the Magistrate for fresh consideration.

Cause Title- Ilampiraiyan v. Pethi @ Thirumalai Raja

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