DIPTI KUSHWAH Vs. VIJAY SHANKAR TIWARI AND OTHERS

JUDGEMENT

(1.) This application under Section 482 of CrPC has been filed against the order dated 24/10/2016, passed by JMFC, Gwalior in Criminal Complaint (unregistered) No........../2016, by which the trial Court has dismissed the complaint after passing the order under Section 156(3) of CrPC.

(2.) The necessary facts for the disposal of the present application in short are that the applicant filed a complaint against the respondents No.1 to 4 for offence under Sections 420, 467, 468, 471, 31 of IPC. It appears that the Magistrate by order dated 02/05/2016 directed the SHO, Police Station Bahodapur, District Gwalior to register the FIR and thereafter, to file the charge sheet/ closure report, in accordance with the outcome of the investigation. Thereafter, on 24/10/2016, the case was taken up and it was adjourned because the police had not filed the Final Report (Either Charge sheet or Closure Report). However, after signing the order sheet, later on, the trial Court passed another order, mentioning that since the FIR under Sections 420, 467, 468, 471, 31 of IPC has already been registered in Crime No.258/2016 by Police Station Bahodapur, District Gwalior in compliance of the order passed under Section 156(3)of CrPC, therefore, now no proceeding is left in the complaint and accordingly, the complaint was dismissed.

(3.) It is submitted by the counsel for the applicant that the order which was passed on 24/10/2016 thereby dismissing the complaint, is bad for the following two reasons:-