Heard Mr.Tejas Barot, learned Advocate for the petitioner.
The learned Advocate for the petitioner has submitted that the learned Magistrate had directed inquiry through the police under section 202 of the Code of Criminal Procedure, 1973, ('the Code'), and thereafter though no case was made out against the present petitioner in the said inquiry, the learned Magistrate had directed issuance of summons under section 406 of the Indian Penal Code, 1860, ('IPC'), against the present petitioner. It is submitted that prior to directing inquiry under section 202 of the Code, it was incumbent upon the learned Magistrate to have examined the complainant on oath as envisaged under section 200 of the Code. It is pointed out that no such procedure has been followed by the learned Magistrate, to submit that in the circumstances the inquiry under section 202 of the Code stands vitiated.
Considering the submissions advanced by the learned Advocate for the petitioner, issue NOTICE returnable on 8th August, 2008. By way of ad-interim relief, further proceedings of Criminal Case No.20046 of 2007 pending in the Court of the learned Judicial Magistrate First Class, Court No.4, Vadodara, are hereby stayed.
Mrs.M.L.Shah, learned Additional Public Prosecutor waives service of Notice on behalf of respondent No.1-State of Gujarat.
(HARSHA DEVANI, J.) Amit/-
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