DR. MAMTA MAHINDRA KABRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this writ petition is to the order dtd. 16/11/2018 passed by learned Judicial Magistrate First Class, Dharangaon ("J.M.F.C.") in an application, being Criminal Miscellaneous Application No. 157 of 2018, whereby the prayer of the petitioner for directing the Police Station Officer, Dharangaon Police Station, Dist. Jalgaon to register F.I.R. and make investigation thereof is rejected.

(2.) Heard learned Counsel for the petitioner and learned A.P.P. for respondent - State.

(3.) Mrs. Kulkarni, learned Counsel for the petitioner took me through the allegations in the Criminal Miscellaneous Application No. 157 of 2018 to submit that cognisable offence was made out and the learned J.M.F.C. ought to have passed an order under Sec. 156(3) of the Code of Criminal Procedure ("Cr.P.C.") directing Police Station Officer, Dharangaon Police Station to make investigation of the offences made out therefrom. According to learned Counsel, learned J.M.F.C. did no pass a reasoned order. When there was no prayer for taking cognisance of the offence under Sec. 200 of Cr.P.C., the learned J.M.F.C. should not have directed to place the matter for verification/recording of statement on oath of the petitioner herein. Learned Counsel ultimately urged for allowing the petition.