STATE OF GUJARAT Vs. PARSHOTTAM NARSIBHAI CHAUHAN

JUDGEMENT

(1.) The State of Gujarat has, by preferring this Criminal Revision Application under Sec. 397 of the Criminal Procedure Code, 1973 (for short the "Cr.P.C."), challenged the correctness, legality and propriety of order dated 29th May, 1993 passed below complaint lodged by Parshottam Narsibhai Chauhan who is a revision-opponent No. 1 in this Criminal Revision Application against accused Ramesh Patel who is a revision-opponent No. 2 and others. On or about 29th May, 1993 that complaint came to be registered as Court Inquiry No. 279 of 1993 on the file of the Chief Judicial Magistrate, Rajkot.

(2.) The facts leading to this present Criminal Revision Application, in a nutshell, are as follow :- The complainant lodged his complaint against accused for offences punishable under Secs. 406, 520, 504, 120-B read with Sec. 114 and 506(2) of the Indian Penal Code. On the date on which the complainant lodged his complaint, the learned Chief Judicial Magistrate, Rajkot instead of taking cognizance of offences, under Sec. 204 Criminal Procedure Code, 1973 passed an order dated 29-5-1993 directing the office to send the said complaint to Deputy Commissioner of Police for inquiry under Sec. 156(3) of the Criminal Procedure Code, 1973 (for short "the Cr.P.C.") and with further direction to complete the investigation within 30 days.

(3.) Being aggrieved against and dissatisfied with said order dated 29th May, 1993, the State Government has preferred this Criminal Revision Application.