NARAYAN YEDU RAJGURU Vs. PUSHPA ANAND SHEWALE

JUDGEMENT

(1.) THIS Writ Petition is sought to challenge the order passed by the 17th Metropolitan Magistrate Mazgaon in Case No.173/P/96 dated 24-2-1998 for want of its propriety and legality, under Section 482 of Criminal Procedure Code along with Articles 226 and 227 of the Constitution of India.

(2.) THE Petitioner is the father of one Smt. Suyoga Atul Shewale who filed a private complaint before the 17th Metropolitan Magistrate 's Court, Mazgaon Court, Mazgaon, Bombay against Smt. Pushpa Anand Shewale and 3 others i.e. 4 persons, originally making allegations amounting to offences under Sections 323, 352, 355, 403, 406, 477, 498A, 506 read with 34 and 114 of IPC. The said complaint was referred to the Byculla Police Station by the learned Metropolitan Magistrate under Section 156 of Criminal Procedure Code for investigation. The said reference was made on 21-8-1995. The said complaint was registered as 14/IXR of 1995. Pursuant to the reference by the learned Magistrate, Byculla Police has investigated the said matter.

(3.) AFTER the final report, as provided under Section 173 of Criminal Procedure Code, by the Byculla Police Station for the offence above referred the learned Magistrate framed the charges accordingly. Then applications were filed before the learned Magistrate seeking to implead one Jaishree, Respondent no.5 as one of the accused, for she along with other accused has allegedly committed the Cognizable offences under Sections 306 and 498A of IPC. If that was so, after framing charges, the case to be committed to the Sessions Court of the purpose of trial, one more application was also moved by the complainant on 11-8-1997 before the learned Metropolitan Magistrate to take cognizance for the offence above referred and to direct further investigation through DCB CID or CBI by virtue of section 173(8) of Criminal Procedure Code.