RAJENDRA ARDHVARYU Vs. SHEIKH RAEES

JUDGEMENT

(1.) THE petitioner seeks quashment of order dated 14-8-2002 passed by Shri ashok Sharma, JMFC, Tikamgarh, in unregistered complaint filed by respondent against this petitioner, for offences punishable under Sections 406,409, 420, 467 and 468 of the IPC, in addition to the aforesaid complaint itself along with this direction that the learned JMFC be restrained from taking any action in the matter.

(2.) ON 10-12-2001, the respondent filed the aforesaid complaint marked as Annexure P-9 against this petitioner in the Court of CJM, Tikamgarh, for offence punishable under Sections 406, 409,420,467 and 468 of the ipc. The learned CJM transferred the complaint to the Court of Shri Ashok sharma, JMFC, Panna, who on the same day, forwarded a copy of the aforesaid complaint to Police Station, Kotwali, Tikamgarh, in exercise of powers conferred by sub-section (3) of Section 156 of the Cr. PC (hereinafter referred to as the "code"), for investigation and report. Photocopy of this order is marked as Annexure P-10. The learned JMFC received a report from Kotwali Tikamgarh. On consideration of the report of Police Station, Kotwali, Tikamgarh, dated 6-8-2002, the learned JMFC passed the following order (certified copy of which is on record), which is sought to be quashed :-

(3.) REFERRING to Abhinandan Jha Vs. Dinesh Mishra and Roopchand lai and another Vs. State of Bihar and another, reported in AIR 1968 SC 117 and R. Sarala Vs. T. S. Velu, reported in (2000) 4 SCC 459 and Prabhanshu kamal and others Vs. Awadhesh Singh Bhadoriya and another, it is argued on behalf of the petitioner that a Magistrate has no jurisdiction to direct police to file a police report (challan) under Section 173, Cr. PC.