(1.) BY all these petitions the petitioners, who are accused persons in the original complaint filed in the Court of Metropolitan Magistrate, Bombay have challenged the order passed by that learned magistrate directing the investigation under section 156 (3) of the Criminal procedure Code.
(2.) ALL these petitions arise out of one criminal complaint filed in the Court of Metropolitan Magistrate at Esplanade in Bombay, which is registered as case No. 12/1 85 R/2003. It is filed by one Stany Saldanha, authorised representative of M/s. Smay Investments Limited, Bombay. All these petitioners in these petitions are the accused named in this complaint. All of them seek quashing of the complaint as also quashing of the order passed by the learned magistrate directing investigation under section 156 (3) of the Cri. P. C. Since all these facts giving rise to these petitions, flow from one complaint and the parties to these complaints are common, all these petitions are being so disposed of by this common judgment. It will cover and dispose of all these petitions filed in this regard.
(3.) THE original complaint as filed before the learned Metropolitan Magistrate, complains of offences under sections 120-B, 420, 464, 465, 467 and 471 of the Indian Penal Code, being committed by the accused persons named in the complaint. Perusing the complaint, the learned Magistrate passed an order directing investigation under section 156 (3) of Cri. P. C. by the economic offences wing, Crime Branch CID, Bombay. Issuance of this order as also the original complaint are sought to be quashed by these writ petitions filed under Article 226 of the Constitution of India.