STATION HOUSE OFFICER Vs. KOTAK MAHINDRA BANK LTD

JUDGEMENT

(1.) These Revision Petitions are preferred against the order of the X Metropolitan Magistrate Court directing investigation u/s.156 (3) CrPC by the Station House Officer, Police Station Kalkaji, Delhi Police, New Delhi. Such Officer is the petitioner before this Court and is represented by Mr.Atul Kumar Srivastava, Senior Public Prosecutor and Mr.J.C.Durairaj, Government Advocate.

(2.) The order of the lower court has been passed upon a complaint by a bank alleging commission of offence by one of its credit card holders. The order of the lower court is, on the face of it, illegal. The order has been passed by a Metropolitan Magistrate. Section 16 of the CrPC reads as follows :

(3.) The next question would be whether it is necessary to issue notice on the Revision Petition to the complainant before the lower court. Where the order of the lower court is on the face of it illegal, no purpose whatsoever would be served by hearing the complainant on the matter. This Court considers it unnecessary and purposeless to put the complainant on notice. The order of the lower court passed in Crl.M.P.Nos.983 and 985 of 2009 shall stand set aside.