PUNIT GOVIL Vs. OMAXE LTD.

JUDGEMENT

(1.) THIS application filed under section 482 of Cr.P.C. has arisen on account of dismissal of the Revision Petition filed by the applicant before the Sessions Court assailing the order dated 17.4.2013 whereby, the JMFC while dealing with the complaint filed by the applicant under section 190 of Cr.P.C., instead of directing the police to investigate the matter under section 156(3) of Cr.P.C. as prayed for by the applicant, passed the following order: -

(2.) LEARNED counsel for the applicant not agreeing with the aforesaid order filed the Revision Petition. The same came up for consideration before the Additional Sessions Judge and Special Judge, Indore in Cr.R. No. 434/2013.

(3.) APPARENTLY , it seems to be an order passed without considering the real facts inasmuch as, in this case, it was not that the trial Court had recorded the evidence and the complaint under section 200 of Cr.P.C. but, had only decided the matter on such evidence. It seems that the Sessions Court has not appreciated the impugned order of Magistrate properly.