MANSINH RAMABHAI CHAUDHARY Vs. POLICE INSPECTOR

JUDGEMENT

(1.) Rule. Learned APP Shri Raval waives service of rule on behalf of the State.

(2.) Petitioner has challenged an order dated 5.2.2009 passed by the learned JMFC, Patan in a Criminal Misc. Application filed by him.

(3.) The petitioner was employed as Secretary of one Cooperative Society, viz., Sariyad Milk Producers Cooperative Society. The management of the said Cooperative Society had filed a police complaint against him for offence punishable under section 409, 408, 467 and 464, etc. of the Indian Penal Code. The petitioner, however, alleged that the said complaint was based on a forged and fabricated document. He first approached the police who refused to record the complaint. He, therefore, filed a complaint in writing before the learned Magistrate on 5/7.1.09. In the application, the petitioner had prayed that his written complaint dated 21.12.08 filed before Vagdodh police station be ordered to be registered as FIR. It is on this application that the learned Magistrate passed the impugned order rejecting the application on the ground that the petitioner has filed the said complaint only with a view to escaping from the complaint of misappropriation against him.