SAVITRABAI SURESHCHANDRA KHATOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. By consent heard finally.

(2.) The petitioner has filed a complaint in the Court of Chief Judicial Magistrate, Aurangabad against four persons alleging commission of offences punishable under Section 406 of Indian Penal Code (IPC), Section 409 of IPC and Section 420 of IPC by them. In the complaint, the petitioner prayed that an order under Section 156(3) of the Code of Criminal Procedure (Hereinafter referred to as "the Code") be passed. The learned Magistrate, after considering the avernments in the complaint, came to the conclusion that it was not proper to direct investigation into the matter as contemplated under Section 156(3) of the Code but, it would be sufficient, if the complaint is proceeded further by examining the complainant on oath as contemplated under Section 200 of the Code.

(3.) I have heard Mr. P.N. Kalani, the learned counsel for the petitioner and Mr. K.S. Patil, the learned A.P.P. for Respondent. The learned A.P.P. has shown to me the papers made available to him by the Police in connection with the complaint that had been filed with the Inspector of Police, Kranti Chowk Police Station by the petitioner on 28.12.2012.