ATUL SHRIDHAR KAPLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPLICANTS have filed this application under section 482 of the Criminal Procedure Code to call for the records in Regular Criminal Case No.4199 of 2007 pending on the file of Judicial Magistrate, First Class, Court No. 3 Nagpur, and to quash the same.

(2.) RESPONDENT No. 1/complainant Jayesh, a car buyer had filed complaint against the accused car dealer Star Motors etc at Lakadganj Police station, Nagpur complaining offences under Sections 418, 420 read with section 34 of the Indian Penal Code. The police initially treated it as N.C. case making entry no. 1343 on 20/9/2007. Being aggrieved by police inaction, the complainant had preferred the application dated 12/10/2007 before the Magistrate at Nagpur under section 156(3) of the Code of Criminal Procedure for direction to the Lakadganj Police Station to register FIR and to investigate into the matter and to file report. Learned Magistrate by order dated 20/10/2007 directed the Police Station Officer, Police Station, Lakadganj, Nagpur to register FIR and investigate the matter and submit charge sheet/report, if any. On 4/11 /2007 FIR No. M02/2007 under sections 418,420 read with section 34 of the Penal Code was recorded against four accused. On 29/11 /2007 charge sheet laid before the Magistrate was registered as Regular Criminal Case No 4199 of 2007. Dissatisfied with the charge-sheet, complainant applied before the Magistrate on 4/12/2007 for direction to the Police Station Officer to take up further investigation under section 173(8) of the Code and to file supplementary charge-sheet. Learned JMFC Court No. 3 Nagpur by order dated 7/12/ 2007 allowed the application and directed Police station Officer of Lakadganj Police Station to further investigate into the matter and file supplementary charge-sheet according to law. The order was challenged by Criminal Revision No. 818 of 2007 at the behest of applicants. By judgment and order dated 7/ 3/2008 passed by Ad hoc Additional District and Sessions Judge-9, Nagpur, the revision application was dismissed and learned Magistrate was directed to proceed in the matter further according to law. Hence, this application under section 482 of the Code.

(3.) LEARNED Counsel for the applicants then relied upon (M.C. Abraham and anr. Vs. State of Maharashtra and ors.)2, reported in 2003 Bom.C.R.(Cri.) 650(S.C.): 2002 DGLS (soft) 1077 : (2003)2 S.C.C. 649 where in pararaphs 17 and 18 it is observed thus: