RASID ALI Vs. VISHNU BAIN & ORS

JUDGEMENT

(1.) This miscellaneous criminal case under Section 482 of the Code of Criminal Procedure is directed against order dated 19.02.2014 passed by the Court of Judicial Magistrate First Class, whereby learned Magistrate had directed the Superintendent of Police, Jabalpur, to register First Information Report and submit a report to the Magistrate.

(2.) The order dated 19.02.2014 has been challenged on the sole ground that one of the alleged offences is triable exclusively by the Court of Session; as such, learned Magistrate had no jurisdiction to direct investigation under Section 156(3) of the Code of Criminal Procedure.

(3.) In support of this contention, learned counsel for the petitioner has invited attention of the Court to the judgment rendered by a coordinate Bench of this Court in the case of Kamlesh Pathak Versus State of Madhya Pradesh, 2005 3 MPHT 426, whereby it has been held that a magistrate has no power to direct for investigation under Section 156(3) of the Code of Criminal Procedure, in a case involving offence triable exclusively by a Court of Sessions.