AMISH JAYANT DHAROD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has challenged the order of learned additional Metropolitan Magistrate, 2nd Court, Mazgaon, Mumbai directing the petitioner to submit his verification upon his complaint being filed before the learned Magistrate. The Petitioner has sought an order U/s.156(3) of the CrPC upon his complaint. This is upon the premise that the learned Magistrate cannot take cognizance of the complaint filed by the Petitioner before any report is submitted by police officer upon his complaint for taking action against Respondent Nos.2 and 3 in the complaint who are the police officers. The Petitioner, therefore, claims that though the learned Magistrate can issue an order U/s.156(3) of CrPC, he cannot issue an order for verification of the complaint U/s.200 of the CrPC. It is argued that the order U/s.156(3) is pre cognizance stage and the order U/s.200 is upon taking cognizance.

(2.) The Respondents claim that the Petitioner's case has been previously seen and does not require fresh consideration.

(3.) The complaint arises upon the Petitioner's case of wrongful detention in police custody for 7 days pursuant to a false and malicious complaint of Respondent No.1.