RIDHDHI JAYESHKUMAR MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India, in which, the petitioner has challenged the order dtd. 29/9/2021 passed by the concerned Magistrate Court whereby the complaint being Criminal Inquiry No.130 of 2021 filed by the present petitioner has been dismissed only on the ground that the said Court has no territorial jurisdiction under Sec. 178 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Heard learned advocate Mr.Y.J. Patel for the petitioner and learned APP Mr.L.B. Dabhi for the respondent State.

(3.) Learned advocate for the petitioner has mainly contended that the petitioner has filed Criminal Inquiry No.130 of 2021 before the learned 3rd Additional Chief Judicial Magistrate, Surat. It is submitted that after getting the report from the concerned Police Authority, the said Magistrate Court by way of the impugned order, dismissed the complaint filed by the petitioner only on the ground that under Sec. 178 of the Code, the said Magistrate Court does not have any territorial jurisdiction to consider the complaint filed by the petitioner. Learned advocate for the petitioner has fairly pointed out from the impugned order that the learned Magistrate has also clarified that it is open for the petitioner to file a complaint before the competent Court having territorial jurisdiction and for the said purpose, it is also open for the petitioner to request for return of the documents. At this stage, learned advocate for the petitioner further submitted that pursuant to the said liberty granted by the concerned Magistrate Court, the petitioner has requested the concerned Magistrate Court for return of the original documents produced at Exh.1 and the original documents are already returned back to the petitioner.