PRADEEP KUMAR Vs. STATE & ORS

JUDGEMENT

(1.) The petitioner had instituted a criminal complaint (CC No.173/1) on 10.03.2006 impleading second to sixth respondents as prospective accused alleging they having committed offences punishable under Sections 423/463/468/471/120-B/34 of Indian Penal Code, 1860 (IPC), making a prayer to the Metropolitan Magistrate (MM) for them to be summoned, tried and punished, along with an application under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking direction to the police for investigation. The prayer for investigation by the police was declined by order dated 24.03.2006 and instead inquiry embarked upon under Section 200 Cr.P.C. The petitioner examined eight witnesses during the said preliminary inquiry. The said evidence was considered by the MM, by order dated 10.03.2014, holding that there were no sufficient grounds for proceeding against the said respondents, the complaint consequently having been dismissed under Section 203 Cr.P.C.

(2.) The petitioner approached the court of Sessions invoking its revisional jurisdiction by criminal revision petition No.14/2014. By the said revision petition while insisting that a case had been properly made out for the respondents to be summoned, the petitioner also prayed for an opportunity to lead further evidence, referring in this context to Section 391 Cr.P.C. The said prayer was rejected and the revisional court found no merit in the submissions upholding the order of the Magistrate. The revision petition was dismissed by order dated 09.01.2015.

(3.) The petition at hand was filed invoking inherent power of this court under Section 482 Cr.P.C. to bring a challenge to the view taken by the two courts below.