USHA SAXENA Vs. SUDHIR TYAGI

JUDGEMENT

(1.) The petitioner has filed this petition under section 482 of Cr. P. c. against the order dated 16.10.2012 (Annexure-A/1) passed by learned Judicial Magistrate First Class, Gwalior (MP) in private complaint No.0/12 by which application filed by the petitioner under section 156 (3) of Cr. P. C. has been rejected.

(2.) Learned counsel for the petitioner has submitted that the petitioner / complainant has filed a complaint under section 190 of Cr. P. C. and along with the complaint, the petitioner has also filed an application under section 156 (3) of Cr. P. C. for referring the complaint for investigation to the police. The learned trial court has rejected the application and by the impugned order has directed the petitioner to produce the witnesses for recording their statements under section 200 and 202 of Cr. P. C.

(3.) Learned counsel for the petitioner has submitted that the trail court was duty bound to allow the application under section 156 (3) of Cr. P. C. as the complaint relates to cognizable offence. In support of his arguments, learned counsel has cited a judgment of Hon. Apex court in the matter of Sakiri Vasu v. State of Uttar Pradesh and others, 2008 2 SCC 409, in which it has been held in paras 26 and 27 which are quoted here in below :-