PARSHOTTAMBHAI KARSHANBHAI SURANI Vs. CHANDRIKABEN KARSHANBHAI SURANI

JUDGEMENT

(1.) BY this petition under section 482 of the Code of Criminal Procedure, 1973 (the code), the petitioners seek quashment of the order dated 14th November, 2007 passed by the learned Judicial Magistrate first Class, Jetpur below Exhibit 1 in criminal Inquiry Case No. 88/07 being jetpur City M. Case No. 56 of 2007, whereby the learned Judicial Magistrate has directed investigation by the police under the provisions of section 156 (3) of the Code.

(2.) THE facts of the case stated briefly are that the respondent No. 1 herein had lodged a complaint against the present petitioners before the learned Judicial Magistrate First class alleging commission of offence punishable under sections 467, 468, 471, 504, 506 (2), 406, 420 and 114 of the Indian penal Code on 13th November, 2007. On the same day, the learned Magistrate has taken cognizance of the offence and examined the complainant on oath and reduced the substance of the examination in writing. Upon taking cognizance, the learned Magistrate directed investigation to be carried out by the concerned Police Sub inspector and to submit report within the period of 30 days. Subsequently, on the next day i. e. on 14th November, 2007, the learned Magistrate vide the impugned order has directed investigation by the police under the provisions of section 156 (3) of the Code. Being aggrieved, the petitioners have moved the present petition seeking quashment of the said order.

(3.) HEARD Mr. Bhavesh P. Trivedi, learned advocate for the petitioners, Mr. Pratapray j. Vyas, learned advocate for the respondent no. l and Mr. L. B. Dabhi, learned additional Public Prosecutor for the respondent No. 2.