SHYAMKUMAR DOLATRAM BUDHVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the judgment and order of the learned Sessions Court Vadodara, dated 17. 11. 2006, whereby the Revision preferred by the present petitioner was dismissed against the order of the J. M. F. C. , Vadodara, wherein order was passed under Section 202 for investigation.

(2.) THE petitioner, as complainant filed a private complaint before the learned Judicial Magistrate First Class, Vadodara, and thereafter, the same was sent for police inquiry under Section 202 f of the Code of Criminal Procedure to City Police Station, Vadodara. The petitioner challenged the order of the learned Magistrate before the Sessions Court by filing Criminal Revision Application No. 234 of 2006 and prayed for police inquiry under Section 156 (3 ). The learned Sessions Judge rejected the said application. Hence, the present petition.

(3.) LEARNED advocate for the petitioner submitted that investigation under section 156 (3) is required so that the police can take remand the accused. He submitted that the finding of the trail Court is erroneous and requires to be quashed.