Question
Upon perusing the Police Report, the Judicial Magistrate, who was not satisfied with this report, instead decided to proceed to conduct an inquiry under section
Upon perusing the Police Report, the Judicial Magistrate, who was not satisfied with this report, instead decided to proceed to conduct an inquiry under section 202 and recorded a detailed order justifying the reasons.In this order, the Magistrate perused the materials in great detail discussing the several section 161 statements appended with the police report, as well as the several section 164 statements that were recorded in the course of inquiry. After assessing all the evidence at great length, the Magistrate reached the conclusion that the occurrence had not taken place in the manner alleged by the complainant, and that there was no prima facie case against the accused. The Magistrate then decided to dismiss the complaint under section 203 of the Code. The complainant, aggrieved by the aforesaid order, decided to challenge this dismissal before the jurisdictional Sessions Court.
- As the Additional Sessions Judge on whose roster this matter has been listed. have heard arguments and are ready to give your decision. Write an essay giving your decision giving reference to all relevant legal provisions, case-law, as well as your analysis supporting your decision.
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