Mr.
S.V. Raju, learned senior counsel appearing for the applicant submits that the impugned FIR is based on the order dated 7.12.2011 passed by the learned Chief Judicial Magistrate, Surat, by which, a report was called for from the Commissioner of Police, Surat, and the power also came to be exercised under Section 210 of the Code of Criminal Procedure, 1973 of staying the proceedings. In view of the above, it is submitted that, having taken cognizance, the learned Chief Judicial Magistrate, Surat, could not have switched over to pre-cognizance stage and, subsequently, directed the Investigating Agency to register FIR in exercise of power under Section 156(3) of the Code as per the order dated 31.3.2012. Even on merit, it is submitted that the applicant is a bona-fide purchaser and the dispute is of civil nature.
Issue notice returnable on 5.7.2012.
Ad-interim relief in terms of paragraph 8(c).
Learned APP waives service on behalf of the State.
Direct service is permitted qua the private respondent.
(ANANT S. DAVE, J.) (swamy) Top