RITESH AJMERA Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner above-named seeks to invoke extra ordinary jurisdiction of this Court under section 482 of Code of Criminal Procedure, 1973 (for short 'the Code') for quashment of order dated 22/09/2016 passed by learned Judicial Magistrate First Class, Indore whereby, cognizance has been taken under Section 190(1)(b) of 'The Code', on the basis of police report submitted under Section 173(2) of 'The Code', against the petitioner for offences under Sections 420, 467, 468, 471, 431, 432 and 120B of IPC.

(2.) It is not a matter of dispute that pursuant to the complaint made by one Usha Jain, alleging that despite full payment of consideration for purchase of a plot by her to M/s. Phoenix Devcons Pvt. Ltd., the possession of the agreed plot has not been delivered to her, Crime No.13/2016 was registered at police station Crime Branch district Indore against directors/officials of the company for offences under Sections 420, 467, 468, 471 r/w Section 120-B of IPC. On 22nd September, 2016 charge-sheet against six persons including petitioner Ritesh Ajmera was filed before the Court of competent Magistrate. It was stated in the charge-sheet that as eight accused persons are yet to be apprehended and that the custody period of 90 days qua petitioner and five other arrested persons is going to complete, therefore, keeping the investigation open a charge-sheet is being filed against the persons already apprehended in the matter and a supplementary charge-sheet will be filed against the petitioner and other accused persons under Section 173(8) of 'The Code' at a later stage.

(3.) The learned Magistrate, vide the impugned order took cognizance in the matter. The order passed by learned Magistrate was unsuccessfully challenged before the learned Additional Sessions Judge, Indore by way of Cr.R. No.735/2016.