VACHASPATI R PANDEY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Prayer has been made by the petitioner in this petition under Article 226 of the Constitution, which is not the correct provision, but this is the petition under Article 227 of the Constitution, for quashing and setting aside the order dated 7-6-1996 in criminal case no.1707/96 of the Metropolitan Magistrate Court No.15, Ahmedabad rejecting the `C' Summary filed by the Ellisbridge Police and issuing summons on the petitioner.

(3.) The complainant-respondent No.2 filed a complaint on 17-2-1995 against the petitioner in the court of Metropolitan Magistrate, Court No.15 at Ahmedabad for the offence under sections 468, 511 and 420 of I.P.C.. This complaint was sent for investigation by the Metropolitan Magistrate to Ellisbridge Police Station, Ahmedabad under section 156(3) of the code of Criminal Procedure, 1973 where it was registered as M. Case No.22/95. After making investigation, the Ellisbridge Police filed `C' Summary in the Court on 16-8-1995. That was not accepted. The cognizance was taken and the petitioner was summoned.