MAHENDRABHAI T KAPADIA Vs. PRITESH DAHYABHAI RATHOD

JUDGEMENT

(1.) Heard ld. counsel Ms. Vandana Bhatt for the petitioner, ld. counsel Mr. Rajesh Kanani for Respondent No. 1, and ld. APP Mr. B.D.Desai for Respondent No.2 State in all the matters.

(2.) On the strength of the complaint filed by the petitioner- original complainant, proceedings under Section 107 of CrPC were initiated by the Executive Magistrate, Metropolitan Area, Court No.2., Ahmedabad against the respondent No.1. In all five cases were registered by the ld. Executive Magistrate against the family members on account of some matrimonial dispute between husband Pritesh, S/o Dahyabhai Devji Rathod and wife Padmaben. It seems that some matrimonial disputes between them have cropped up in the year 1997. Because of the dispute, a criminal complaint being CR.No. I. 0003/99 came to be registered against (i) Dahyabhai Devjibhai Rathod, (ii) Sumanben, w/o Dahyabhai Devjibhai, (iii) Kaushikkumar Dahyabhai, and (iv) Priteshbhai Dahyabhai, with Saher Kotda Police Station, for the offence punishable under Sections 324, 452, 323, 294(B), 114 of Indian Penal Code and Section 135 of Bombay Police Act. The incident has occurred on 2.1.1999. After investigation, police filed chargesheet against all the four accused vide chargesheet No. 49/99 on 16.2.1999. Zerox copy of the chargesheet is available on record in each Cri.Rev. Application. Because of the criminal complaint, by way of abundant caution, P.I., Saher Kotda Police Station prepared papers for initiating proceedings under Section 107 of CrPC on 2.1.1999 i.e. the day on which FIR was registered.

(3.) It is submitted by ld. counsel Ms. Vandana Bhatt for the petitioner that on receipt of the report from Saher Kotda Police station, ld. Executive Magistrate initiated proceedings under Section 107 of CrPC against aforesaid four accused and issued notice under Section 111 CrPC. It is further submitted that an act of issuance of notice indicates that ld. Executive Magistrate, prima facie, was satisfied that the report of Saher Kotda Police Station has some substance and needs to be inquired into as stipulated under Section 116 of CrPC. That ld. Ex. Magistrate has erred in dropping the proceedings, that order passed by ld. Executive Magistrate is non-speaking and cryptic order and the same is passed without considering the scheme of Sections 111 and 116 of CrPC.