Ms.S.G.Patel, learned advocate for the petitioner submitted that the Investigating Officer filed a report on 09.01.2011 before the learned Trial Court to seek required permission for filing criminal complaint.
It is submitted that as per initial order, said application was kept for hearing and notice was ordered to be issued to the Investigating Officer and since then there is no progress.
In the above view of the matter, when no effective order is passed by the concerned learned Judicial Magistrate First Class, Sinhor, below application dated 09.01.2011, it would be in interest of justice for both the sides if the concerned learned Magistrate is directed to decide the application dated 09.01.2011 filed by the Investigating Officer on merits after providing reasonable opportunity of being heard to both the sides i.e. prosecution side as well as the petitioner.
For the foregoing reasons, the instant application stands disposed of with specific direction to learned Judicial Magistrate First Class, Sinhor, to hear and decide the application dated 09.01.2011 in accordance with law after providing reasonable opportunity of being heard to the Investigating Officer as well as to the petitioner. Direct service is permitted.
(J.C.UPADHYAYA,J.) Girish Top