SANJAY KUMAR SINGHANIA Vs. STATE

JUDGEMENT

(1.) Heard ld. counsel of both sides.

(2.) Perused the application and filed under Section 438 of the Code of Criminal Procedure the documents annexed.

(3.) The ld. P.P. appearing on behalf of the State submits that though a complaint, registered as Complt. Case C-129/99, under Sections 467/468/471/474/420/120-B of IPC was filed by one Gouri Sankar Jain before the ld. CJM, Alipore for sending it to the Behala P.S. for action under Section 156 (3) of the Code of Cr-minal Procedure and an order was passed by the ld. Magistrate to that effect, no case could be registered at the concerned P.S. due to stay order passed by Courts at different stages. It is also pointed out that the order of vacating the Stay Order was communicated very recently to the Police Station as a result of which Police has not started any case as yet. So, it is submitted that as no case has yet been started the application under Section 438 of the Code of Criminal Procedure is not maintainable.