ARTIBEN Vs. BHARAT RAMJIBHAI RANA & 1

JUDGEMENT

(1.) The revision application is directed against the order dated 16/08/2013 passed by the learned Additional Sessions Judge, BhujKutchhh in Criminal Revision No.21 of 2013 arising from the order dated 05/03/2013 passed by the learned Chief Judicial Magistrate, BhujKutchh, rejecting the application Exhibit7 in Criminal Case No.10 of 2012, whereby the accused prayed for recall of the process issued by the learned Magistrate for the offences punishable under Sections 493 of the Indian Penal Code (for short the IPC).

(2.) The offence under Section 493 of the IPC is noncognizable and therefore, on the complaint being made by the petitioner herein, it was sought to be registered as Public NC Case No.13 of 2010 with the Bhuj City Police Station.

(3.) In view of the bar contained in subsection (2) of Section 155 of the Code of Criminal Procedure (for short the Code), except under the orders of the concerned Magistrate, appropriate application dated 28/01/2010 came to be made to the learned Magistrate, which was allowed and the Police was permitted to investigate the said offence, such order was passed on 04/02/2010. Subsequently, permission to arrest the accused was also sought and was granted by the learned Magistrate.