VINODKUMAR V KANABAR Vs. S D PARDHI

JUDGEMENT

(1.) THE petitioner-complainant has filed this writ petition under Article 227 of the Constitution of India for appropriate writ or direction and for quashing the order passed by the learned Metropolitan Magistrate, 17th Court, Mazgaon, Bombay dated 13-2-1991 passed in Case No.138/N/1991 on the complaint filed by the complainant wherein the learned Metropolitan Magistrate has issued show cause notice to the respondent-accused as to why the process should not be issued against them and the said notice was made returnable on 20-3-1991.

(2.) THE petitioner-complainant has filed complaint in the Court of the learned Metropolitan Magistrate, 17th court, Mazgaon, Bombay against the respondents for the offence under sections 217,218 and 202 I.P.C. on 13-12-1991. In paragraph 9 of the said complaint, the petitioner-complainant has averred as under:- "THE complainant states that investigation u/s. 156(3) of Cr.P.C. by D.C.B. C.I.D. will not serve the purpose of justice, because here accused are the members of some police force, proper investigation cannot be expected." Accordingly in paragraph 10 the petitioner-complainant has prayed for process to be issued against the accused. In support of the complaint the petitioner-complainant has relied upon three witnesses and also certain records.

(3.) IN view of the above the issuance of show cause notice by the learned Metropolitan Magistrate is not legal and the said order of issuing show cause notice is set aside. However, the learned Metropolitan Magistrate is directed to decide the complaint after following the due procedure prescribed in accordance with law. The petition is accordingly allowed. Rule is made absolute. Certified copy expedited. Petition allowed.