(1.) By way of this criminal application, the Applicant is challenging order dated 29th Nov., 2004, passed below Exhibit - 4, by the Judicial Magistrate First Class, Aurangabad, directing thereby to issue witness summons to the Applicant for production of the documents mentioned therein. By this criminal application, the Applicant though not the accused in a criminal case, seeking quashment of the complaint filed by Respondent No.1, which is numbered as Regular Criminal Case No.1476 of 2004, pending before the IV Judicial Magistrate First Class, Aurangabad.
(2.) Brief facts giving rise to the present criminal application are as under:
(3.) The learned counsel for Applicant submits that the Magistrate was not at all empowered to take cognizance of the complaint in absence of sanction from the Government as contemplated under Sec. 197 of the Code of Criminal Procedure and even the Magistrate does not have jurisdiction to make any enquiry as contemplated under Sec. 202 of the Code of Criminal Procedure. The learned counsel submits that Respondent No.1 - original Complainant has filed the said application Exhibit - 4 with malafide intention. Respondent No.1 - original Complainant has filed said Application Exhibit - 4 with some oblique motive calling said witness Mr. Vijay Saurabh, the then Chief Administrator, for the purpose of examining him as a witness and to produce the unconcerned record, which itself amounts to abuse of the process of law. The learned counsel submits that the complaint itself is liable to be quashed and the order dated 29th Nov., 2004, passed below Exhibit - 4 is also liable to be quashed and set aside.