A come to file a complaint before cjm u/s 200 cr.p.c against.C&D.CJM Took oral statement of witnesses of A&E.But no praima facie evidence against C&D ,& no case made out against them,but evidence disclosed that some crime hasbeen committed by A&E. Cjm dismissed the complaint against C&D u/s203,But ordered the police authority to start specefic case against A&E. How far the order of Ld cjm is sustanable?
Perfectly legal and valid. Sec. 190 Cr.P.C. empowers the CJM to take cognizance of the offence and not the offenders. Even if in his complaint A has filed a case against C & D but if on evidence, case is made out against A & E he can order registration of case and investigation by the police.