BALVANTRAI @ BHIKHUBHAI SOMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under section 482 of the Code of Criminal Procedure, 1973 for quashing of F.I.R. being C.R. No.I-221 of 2013 registered with Athwa Lines Police Station, Surat for the offences punishable under sections 406, 420, 465, 467, 468, 470, 471, 120B, 34 and 114 of the Indian Penal Code.

(2.) The petition raises a question of law that once having taken cognizance in a private complaint, can the Court of learned Magistrate travel to pre-cognizance stage and pass an order of registration of F.I.R.

(3.) Learned advocate Mr. Bhadresh S. Raju appearing for the petitioners submits that the impugned F.I.R. is an outcome of the order dated 21.10.2013 passed by the learned Judicial Magistrate, First Class, Court No. 2, Surat below application-Exhibit 1 in Criminal Misc. Application No. 880 of 201 The learned advocate submits that on 27.08.2013, respondent No. 2 has filed private complaint in the Court of the learned Judicial Magistrate, First Class, Surat. On 02.09.2013 the learned JMFC, Surat fixed the complaint for verification on 12.09.201 On 12.09.2013, the learned Judicial Magistrate, First Class, Court No. 2, Surat carried out verification and passed order calling for report from the concerned Police Station. The learned advocate submits that after the report was received, the learned Judicial Magistrate, First Class has proceeded to pass an order, the operative portion of which contains direction to the Police Inspector, Athwa Lines Police Station, Surat to register F.I.R. within three days for the offences punishable under sections 406, 420, 465, 467, 468, 470, 471, 120B, 34 and 114 of the Indian Penal Code.