MUKUNDA RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Since, the aforesaid petitions are pending between the same parties, and involve same question of law, the same are being decided by a common order.

(2.) The facts of the case are that the petitioner moved applications before the learned trial Court to send the complaints under Sec. 156(3) Crimial P.C. for further Investigation by the police. The applications of the petitioner came to be dismissed by the learned trial Court vide impugned orders, hence the present misc. petitions.

(3.) The main contention of the petitioner is that when the complaint is filed before the learned Magistrate, the only course open for the Magistrate is to send the complaint under section 156(3) Crimial P.C. to police for Investigation. But in the instant case learned Magistrate has decided to enquire into the matter under sections 200 and 202 Crimial P.C. Therefore, the impugned orders are liable to be quashed.