DEVESH GUPTA Vs. SUDHA SHRIVASTAVA

JUDGEMENT

(1.) This petition has been preferred by the petitioner under section 482 Code of Criminal Procedure for setting aside the order dated 20-1-2011 passed by First ASJ, Gwalior affirming the order passed by JMFC, Gwalior in unregistered case No. /2010 dated 20-1-2011 whereby, learned trial Court has directed police to investigate under section 156(3), Criminal Procedure Code concerning the complaint filed by respondent No. 1 in that Court.

(2.) Facts in nut-shell giving rise to this petition are that respondent No. 1/complainant has filed one complaint under sections 420, 467, 468, 473, 504, 506, 193 and 189, Indian Penal Code against petitioner in the Court of JMFC, Gwalior in which, learned trial Court directed police to investigate under section 156(3), Criminal Procedure Code. Against that order, revision was preferred on the ground that as the complaint filed against petitioner discloses the offences triable by Sessions Court, hence, the Magistrate has no power to order police to investigate under section 156(3), Criminal Procedure Code. Revision was preferred against that order. Revisional Court has dismissed the revision giving rise to this petition.

(3.) It is contended by learned counsel for the petitioner that as per allegations of complaint, the offences are exclusively triable by the Court of Session, hence, Magistrate should not have directed police to investigate under section 156(3), Criminal Procedure Code. The Magistrate should have considered the case as per the provisions of section 202(2), Criminal Procedure Code.