STATE OF GUJARAT Vs. MUKUNDBHAI MANUBHAI SHAH

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 30/08/2011 passed in Criminal Revision Application No.115 of 2011 by the learned Additional Sessions Judge, Vadodara, quashing and setting aside the order dated 28/06/2011 passed by the learned Chief Judicial Magistrate & Additional Senior Civil Judge, Vadodara in inquiry case No.138 of 2011, whereby in exercise of powers conferred upon the learned Magistrate under Section 210 of the Code of Criminal Procedure (for short Cr.PC) a private complaint lodged by the State after getting authorization as contemplated under Section 13 of the Notaries Act was ordered to be tagged with the chargesheet filed against the very same accused and others for various offences punishable under Sections 406, 420, 465, 467, 472, 474 and 120B of the Indian Penal Code (for short the IPC).

(2.) The revisional Court interfered with the said order mainly on the ground that a mere statement of the complainant was not sufficient and necessary material was required to be collected and the complainant was required to make the statement before the trial Court on verification. In short, the revisional Court was of the view that before the private complaint can be accepted, necessary procedure under Section 203 of the Cr.PC was required to be followed.

(3.) It is contended by the learned APP that in the private complaint itself, the Investigating Officer had made a categorical statement pointing out the material collected during investigation connecting the respondent with the aforesaid offences. It is argued that therefore it was erroneous for the revisional Court to render the finding that the complaint was based on a mere oral statement of the complainant. Learned APP argued that appropriate material substantiating the fact that a hundred rupees stamp paper which was not in existence at the time of its use was predated and signatures were also forged and it was used as a genuine document by respondent.