Heard learned advocate for the applicants and it is submitted that order dated 10.1.2011 passed by learned Chief Judicial Magistrate, Rajpipla in inquiry case No. 2 of 2012 below the complaint filed by the complainant disclosed non-application of mind to the extent that the complaint is filed without even taking recourse to the provisions under Section 154 of Chapter XII of the Code. Even qua the applicants ingredients of offences under Section 497, 378, 379 are not disclosed. That even the complaint impugned in this petition is a counter blast to the FIR being C.R. No. 113 of 2011 filed by one of the applicant with Surat Mahila Police Station and the impugned proceedings are abuse of process of law.
Considering the above aspects, prima facie, the investigation under Section 156(3) of Code of Criminal Procedure, 1973 by the impugned order dated 10.1.2012, the learned Judicial Magistrate, Rajpipla, has exercised the powers contrary to material on record and further investigation now carried out by the investigating agency also deserves to be stayed till further order.
Hence, Notice returnable on 19.3.2012. Learned APP, waives service of notice on behalf of respondent No.1.
Meanwhile, there shall be ad-interim relief in terms of para 8 (c).
Direct service to respondent No.2 and to be served through the In-charge Police Officer of the area in which respondent No.2 resides.
[ANANT S. DAVE, J.] //smita// Top