ALOK JAIN @ MINTU JAIN Vs. GORELAL

JUDGEMENT

(1.) Heard. The applicant has filed this petition under Section 482 of Cr.PC, for quashing of the order dated 3-3-2009 passed by the Court of Judicial Magistrate First Class, Lakhnadon, District Seoni, in unregistered private complaint whereby the order under Section 156(3) of Cr.PC, has been passed by the learned Trial Court directing the Police to register a criminal case and investigate the matter.

(2.) Learned Counsel for the applicant submits that the impugned order passed by the learned Trial Court is totally without application of mind as no reason has been assigned for issuing the aforesaid direction to the Police. Learned Counsel further contends that before issuing the direction to the Police under Section 156(3) of Cr.PC to register a criminal case, learned Trial Court ought to have satisfied itself as to whether the ingredients of the cognizable offence are prima facie found in the allegations made by the complainant. Learned Counsel further submits that the complainant had earlier filed a criminal complaint (Annexure A-2) on 27-11-2007 with the same allegations, which was dismissed vide order dated 25-10-2008 (Annexure A-5), suppressing the aforesaid facts, the subsequent complaint relating to this case was filed before the Trial Court on 3-3-2009 and on the same date learned Trial Court has passed the impugned order. Learned Counsel further argued that the matter was inquired into by the Police and report dated 19-1-2007 was submitted by the same wherein it has been reported that no offence is made out on the basis of allegations made in the complaint. On the aforesaid facts, learned Counsel contends that the impugned order be set aside as it is abuse of the process of law.

(3.) Arguments were considered, record was perused. Facts of the case in brief have been stated in Para 2 of the petition. Perusing the documents, it appears that the submissions made by learned Counsel for applicant seem to be acceptable as the respondent No. 1/complainant had earlier filed a private criminal complaint with the same allegations. The said complaint was rejected by the learned Trial Court for want of prosecution. Thereafter, the respondent/complainant again has filed criminal complaint of this case suppressing the previous facts. Learned Trial Court without application of mind passed the impugned order, which deserves to be set aside as continuation of the criminal case is totally abuse of process of the law. Hence, invoking the extraordinary jurisdiction under Section 482 of Cr.PC, allowing the petition, the impugned order passed by the learned Trial Court is hereby set aside. Consequently, the proceedings pending filed before the Trial Court be dropped.