INDUMATI M SHAH Vs. NARENDRA MULJIBHAI ASRA

JUDGEMENT

(1.) These three applications are filed challenging the action of the learned Special Judge, Rajkot when he entertained a private complaint and passed an order under Section 156(3) of Cr. P.C. by which he directed an officer not below the rank of the D.I.G. of C.B.I., I. B. Branch, New Delhi to investigate the case and submit his report and chargesheet within one month from the date of the order i.e. 12-4-1993. With the consent of the law this they are disposed of by this common judgment.

(2.) The complaint came to be presented on 24-3-93 which happened to be a public holiday on account of Cheti Chand. Next day i.e. 25-3-93 was also a public holiday on account of Ramzan-Id. As the learned District Judge was not available, the matter came to be dealt with by the in charge District Judge and on that day, below the complaint, he passed the following order :

(3.) On the appointed day i.e. on 26-3-92, the learned Special Judge, passed an order as under : "The complainant is ordered to produce the documentary evidence before passing the order to justify the case." Then the order dated 12-4-93 came to be passed which reads as under :