REKHA Vs. AJAY GHANSHYAMDAS KARWA

JUDGEMENT

(1.) By this Application, Applicant has challenged the order dated 22/10/2012 passed by the Judicial Magistrate First Class, Hinganghat in OMC No.119 of 2012, whereby the learned Magistrate rejected the prayer of the Applicant for issuance of order for investigation under Section 156(3) of the Code of Criminal Procedure (for short, 'the Code' for the sake of brevity) and ordered that the Applicant/complainant to produce all the witnesses and examine them on oath as per the provisions under Section 202(2) of the Code. The matter was then fixed for evidence of the Applicant/complainant.

(2.) The brief facts of the case are that an accident had taken place on National High Way No. 7 in the vicinity of village Rimdoh between two vehicles i.e. Honda City bearing registration No. MH31-PC-8806 driven by Abhijit Shambharkar (deceased) and a truck bearing registration No. MH-04-P-7108 driven by Wahid Khan Pathan - Respondent No.5. Due to the said accident, husband of the Applicant namely, Abhijit Shambharkar and a lady traveling with him died. Therefore, on 28/3/2012 First Information Report bearing No. 74 of 2012 was registered at Police Station, Hinganghat for the offence punishable under Sections 279 and 304-A of Indian Penal Code and Sections 184, 120 and 177 of Motor Vehicles Act against the driver of the truck i.e. Respondent No.5 - Wahid Khan Pathan.

(3.) On 8/4/2012 and 13/4/2012 the Applicant filed complaints before the Superintendent of Police, Wardha alleging that there was a conspiracy to kill her husband and she demanded CID enquiry in respect of the death of her husband Abhijit Shambharkar. It appears that since the request of the Applicant was not considered, on 14/9/2012 the Applicant preferred an application before the learned Judicial Magistrate First Class, Hinganghat under Section 156(3) of the Code bearing O.M.C. No. 119 of 2012 requesting for registration of FIR against the Respondents on the basis of her complaint. Since the learned Magistrate, Hinganghat rejected the prayer of the Applicant for issuance of order for investigation under Section 156(3) of the Code of Criminal Procedure, the Applicant has approached this Court and preferred the present Application under Section 482 of the Code of Criminal Procedure.