SHASHI GUPTA & ORS Vs. STATE & ORS

JUDGEMENT

(1.) On the criminal complaint (CC No.58769/16) of the second respondent (complainant) the metropolitan magistrate held presummoning inquiry in the course of which several witnesses were examined including the complainant appearing as CW-1. The metropolitan magistrate, by her order dated 16.11.2017, short shrifted the issue by observing that the dispute was civil in nature and no cognizable offence had been disclosed, thereby dismissing the complaint.

(2.) The second respondent (complainant) challenged the said order in the court of sessions invoking its revisional jurisdiction by petition (Crl.Rev.No.2/2018). The revisional court allowed the petition, by its order dated 19.03.2018, and found that sufficient evidence had been adduced in the pre-summoning inquiry to proceed against the petitioners herein and the third respondent in these proceedings, for they to be summoned as accused for offences punishable under Sections 468/471 read with Section 120-B of the Indian Penal Code, 1860 (IPC). The revisional court, by its order dated 19.03.2018, thus, directed the metropolitan magistrate to proceed further in light of the said observations, in accordance with law.

(3.) The present petition has been filed invoking section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) to bring a challenge to the order of the revisional court.