ARUN KUMAR GUPTE Vs. ARVIND KUMAR

JUDGEMENT

(1.) This present petition has been preferred on behalf of the petitioner under Sec. 482 of Cr.P.C. being aggrieved by the order dtd. 31/7/2021 passed by JMFC, Garoth, Mandsaur in connection with Complainant Case No.0/2019 under Sec. 196, 199, 406, 420,467, 468, 471 and 120-B of IPC whereby the Judicial Magistrate First Class has sent the matter to the concerned police station for investigation under Sec. 202 of Cr.P.C.

(2.) Succinctly stated brief facts leading to the present petition are that a complainant has been lodged under Sec. 200 before the trial Court against the petitioner. A civil suit between the petitioner and respondent is already pending before the concerned Court. The allegations against the petitioner has been leveled that he has filed false and fabricated affidavit before the Civil Judge in the civil suit. Even after various directions, the complainant has not filed original copy of the affidavit and only filed the photocopy of the same. The learned trial Court without considering the material available on record and without considering the appropriate provisions of law, wrongly sent the matter for investigation under Sec. 202 of Cr.P.C. to the concerned trial Court without having powers vide the impugned judgement. Hence, the present petition.

(3.) Learned counsel for the petitioner submits that the petitioner is an old age person and suffering from multiple disease. It is further submitted that the complaint filed by the respondent under Sec. 200 of Cr.P.C and so also passing of the impugned order under Sec. 202 of Cr.P.C. is illegal, perverse and bad in law. It is also submitted that the learned trial Court has passed the impugned order by ignoring the settled principle of law that the offence and charges leveled against the petitioner are not triable by Judicial Magistrate First Class and the same can only be tried by Court of Sessions. It is also submitted that the learned trial Court has wrongly sent the matter for further investigation solely on the basis of documents placed before the Court. Hence, the impugned order is liable to set aside being illegal.