PRABHATAM INVESTMENTS PVT LTD Vs. STATE & ORS

JUDGEMENT

(1.) Alongwith the complaint of the petitioner alleging offences punishable under Sections 420, 465, 467, 468, 471, 120-B, 34, 109 of the Indian Penal Code, 1860 (IPC) presented by the complainant, prayer was made for direction to the police for investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr. PC). The Metropolitan Magistrate, by order dated 26.04.2014, declined the said request, setting out his reasons, referring in this context to the ruling of this court in Subhkaran Luharuka and Anr. Vs. State (Govt. of NCT of Delhi) and Anr., (2010) 3 JCC 1972. He, however, opted to take cognizance and commenced an inquiry under Section 200 Cr. PC.

(2.) The petitioner challenged the said order in the court of Sessions invoking its revisional jurisdiction by Criminal Revision (no.28/15) which was dismissed by order dated 13.10.2015, affirming the view taken by the Metropolitan Magistrate.

(3.) The petition at hand was filed invoking the inherent power of this court under Section 482 Cr. PC to assail the consistent view taken by the two courts below.