GURRAM NARASIMHASWAMI SIDDIDRAM Vs. G. HARIKISHAN

JUDGEMENT

(1.) The petitioner has challenged order dated 3 rd September, 2016, passed below Bail Application of accused nos.1 to 7 at Exhibit-16 in CC No.45/SW/2013, granting bail to accused nos.1 to 7. The petitioner has also challenged order dated 17th September, 2016, passed below bail application of accused no.8 at Exhibit - 27 in CC No.44/SW/2013, granting bail to accused no.8 and the order dated 17 th September, 2016, passed by learned Metropolitan Magistrate 61 st Court, Kurla, Mumbai, rejecting application Exhibit - 25 preferred by the petitioner.

(2.) Petitioner filed a private complaint before the Court of Metropolitan Magistrate 51st Court at Kurla, Mumbai, alleging offences under Sections 406, 409, 420, 506, 506 Part-II, 120B of Indian Penal Code ("IPC", for short), on 14th March, 2013, Respondent Nos.1 to 3 were arraigned as accused in the said complaint.

(3.) Learned Metropolitan Magistrate directed investigation vide Section 156(3) of Code of Criminal Procedure ("Cr.P.C.", for short). In pursuant to that Matunga Police Station registered offence vide M.E.C.R.No.3 of 2013. According to petitioner during the course of investigation, there were attempts to threaten the witnesses and tampering and fabricating evidence. The petitioner filed application dated 30th August, 2013, for issuing necessary directions to the investigating agency for taking preventive measures to stop accused from tampering with the witnesses and evidence. Learned Magistrate by order dated 30 th October, 2013, directed concerned investigating officer of Matunga Police Station to take steps against accused persons for stopping them from tampering witnesses and evidence. The petitioner contends that the investigating officer submitted final report on 28 th November, 2013, before the Court for classifying the complaint as "C" Summary. The petitioner filed his protest petition. The petitioner submitted note of submissions dated 13th March,2014 and written submissions dated 18 th March, 2014 and submitted that the Court may examine all the legal evidence and pass appropriate orders to issue process against all the accused and other persons. Learned Magistrate by order dated 2 nd April, 2014, directed the complainant to lead evidence of his own or any other witnesses under Section 200 of Cr.P.C. for taking cognizance.