RAJESH SHAH Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The Writ Petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking for a writ of Mandamus declaring the action of the first respondent in continuing the investigation in Crime No. 392/2000 on the file of the first respondent as illegal and consequently to quash the same.

(2.) It is the case of the writ petitioner that he has not committed any crime and that he has only exercised his right of lien in taking away the rolls of furnishing fabrics. The Writ Petitioners further contends that this is not a fit case for investigation. The learned Counsel for the petitioner further states that the complaint has been given by the Executive of the company and hence it should not be taken into consideration.

(3.) A detailed counter has been filed on behalf of the first and second respondents wherein it is stated that a complaint was given under Sections 457 and 380 read with Section 34 IPC. Therefore, the Police basing on the complaint have registered a case in Cr. No. 392/2000. It is further submitted that the case is registered as per the complaint forwarded by the XI Metropolitan Magistrate and the same is pending investigation under Section 156 (3) of the Code of Criminal Procedure,1973.