SAIYED HAFIZUDDIN SAIYED KALUMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Advocate Mr. M. H. M. Shaikh waives service of rule on behalf of the respondent no. 2 and learned A. P. P. Ms. Manisha Luvkumar waives service of rule on behalf of the respondent no. 3.

(2.) THE present opponent no. 2- original complainant filed complaint for the offence punishable under Sections 406, 420, 465, 467, 468, 471, 34 r. w. Section 120-B of the Indian Penal Code before the learned Chief Judicial Magistrate, Surat against the present applicant and the present opponent no. 3-Rajubhai U. Mahla who is serving in the Gujarat Housing Board.

(3.) IN the said complaint it was prayed that the same be sent to Katadra Police Station, Surat, for investigation under Section 156 (3)of the Criminal Procedure Code. After verifying the complaint and considering the submissions made by the learned Advocate for the complainant, the learned Chief Judicial Magistrate Court, Surat, rejected the said prayer by its order dated 6-4-2009 in Private Complaint no. 29/2009.