It is not in dispute that the challenge in this application under Section 482 of the Code of Criminal Procedure, 1973, is to the complaint impugned, being Criminal Case No.897 of 2010 for the offences punishable under Sections 465, 468 and 471 of the Indian Penal Code, filed against the applicant in the Court of the learned Judicial Magistrate, First Class, at Bayad, as well as to the order dated 9.11.2011 passed by the learned Judicial Magistrate, First Class, at Bayad, rejecting the discharge application filed by the applicant to drop the complaint and proceedings against him. While rejecting the discharge application, the learned Judicial Magistrate, First Class, at Bayad, has noticed that sufficient evidence exists, at the stage of considering the application for discharge, to prove the case against the accused. Against the above order dated 9.11.2011, no alternative remedy of filing a revision application is undertaken. On this ground alone, I am not inclined to exercise power under Section 482 of the Code to quash the impugned complaint or the order dated 9.11.2011 passed by the learned Judicial Magistrate, First Class, at Bayad, and this application is rejected summarily.
(ANANT S. DAVE, J.) (swamy) Top