BHIMABHAI SEJABHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present writ application, the applicants seeks quashing of the order dated 15.05.2017 passed by the Chief Judicial Magistrate, Ahmedabad (Rural) below application Exh.1, whereby the Magistrate has directed the police investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (for short "the Code") and further to register M. Case No.1 of 2017 at Sola High Court Police Station, Dist. Ahmedabad, for the offences punishable under Sections 465, 467, 468, 471, 193 and 114 of the Indian Penal Code, 1860 (for short "the IPC").

(2.) The facts of the case as mentioned in the memo of the application are as under:

(3.) Learned advocate Mr.Khambholja appearing for the applicants has submitted that the Magistrate has misread the provisions of Sections 200 and 156(3) of the Code. He has submitted that taking cognizance of an offence has not been defined in the Code and the same can be taken as per the provision set out in clauses (1), (b) and (c) of Section 190(1) of the Code. He has further submitted that in the present case, the Magistrate has taken cognizance of the offence and has passed an order to register the complaint and to initiate inquiry by calling a report from the concerned authority. Thus, it can be said that the Magistrate has taken cognizance on the application preferred by the complainant.