LAWS(BOM)-2007-8-226

MANISH VIJAY MHASHELKAR Vs. STATE OF MAHARASHTRA

Decided On August 30, 2007
MANISH VIJAY MHASHELKAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the petitioner and the learned Counsel appearing for the respondent.

(2.) The short question which falls for consideration before this Court is whether the Magistrate after taking cognisance of a private complaint, after recording the verification of the complaint, can pass order passed under Section 156(3) of the Cr. P. C. directing the police to investigate the matter and if such an order under Section 156(3) of the Cr. P. C. cannot be passed, what is the course of action that is open to the said Magistrate.

(3.) Brief facts which are relevant for the purpose of deciding this writ petition are as under :-