B H SOMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Criminal Procedure Code has been preferred by the petitioner-Registrar City Civil & Sessions Court (Designated Court), Ahmedabad to quash and set aside the impugned order passed by the learned Metropolitan Magistrate Court No.13, Ahmedabad dated 10.1.2011 passed below application Exh.1 in as Inquiry Case No.2 of 2011 by which the learned Magistrate has passed an order to send the said complaint for police inquiry / investigation to Assistant Police Commissioner, Navrangpura under Section 156(3) of the Criminal Procedure Code.

(2.) THE facts leading to the present Criminal Miscellaneous Application are as under:

(3.) SHRI Bhargav Bhatt, learned advocate has appeared on behalf of the respondent no.2-original applicant. He has categorically and specifically made a statement at the bar that so far as respondent no.2-original applicant is concerned, he sticks to whatever is stated by him in the application Exh. 596 and he is also not challenging any of the observations and findings given by the learned Additional Sessions Judge while passing the order dated 3.12.2010 so far as original applicant is concerned. It is submitted that so far as respondent no.2 is concerned, he is ready to face prosecution for the offences alleged in the complaint / criminal case. However, he has submitted that so far as other accused persons are concerned, further investigation and inquiry is required and therefore, learned Magistrate has rightly passed an order to send the said complaint for inquiry under Section 156(3) of the Criminal Procedure Code. It is further submitted by him that he has no objection if the suitable observation is made that the aforesaid inquiry/ investigation by the concerned Police Officer under Section 156(3) of the Criminal Procedure Code would be with respect to other accused persons and so far as applicant is concerned, the concerned police officer may and / or cannot go beyond or contrary to the observations and findings given by the learned Additional Sessions Judge made against original applicant while passing the order dated 3.12.2010. Therefore, it is submitted that as such no illegality has been committed by the learned Magistrate while sending the said complaint for police inquiry / investigation under Section 156(3) of the Criminal Procedure Code which would be as such with respect to other accused persons who are yet to be traced.