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2022 DIGILAW 2686 (RAJ)

Moolchand v. State Of Rajasthan, Through Public Prosecutor.

2022-11-02

NARENDRA SINGH DHADDHA

body2022
ORDER Narendra Singh Dhaddha, J. - Defect is overruled. 1. This Criminal Miscellaneous Petition has been filed by the petitioner under Section 482 Cr.P.C. against the order dated 26.08.2022 passed by Additional Civil Judge and Metropolitan Magistrate No.19, Chaksu, Jaipur Metropolitan-I wherein the application of the petitioners under Section 156 (3) Cr.P.C. for registration of the FIR has been rejected. 2. Learned counsel for the petitioners submits that petitioners had filed a complaint before the trial court against the respondent Nos.2 to 11 for the offence under Sections 420, 406, 467, 468, 471 and 120-B IPC. Learned counsel for the petitioners also submits that petitioners have requested the trial court to send the complaint for investigation under Section 156 (3) Cr.P.C. but trial court instead of sending the complaint for investigation under Section 156 (3) Cr.P.C. ordered an enquiry under Section 200 Cr.P.C. Learned counsel for the petitioners also submits that a bare perusal of the complaint reveals that prima facie cognizable offence is made out, so, trial court cannot use discretion in arbitrary manner. So, the order of the trial court dated 26.08.2022 be set aside and trial court be directed to send the complaint for investigation under Section 156 (3) Cr.P.C. to Police Station Chaksu. 3. Learned counsel for the petitioners has relied upon the judgment of Honble Supreme Court in Criminal Appeal No.1184 of 2022 (Arising out of SLP (Crl.) No.1674 of 2022) decided on 05.08.2022. 4. Learned Public Prosecutor does not object the prayer of petitioners. 5. I have considered the arguments advanced by learned counsel for the petitioners as well as learned Public Prosecutor. 6. A bare perusal of the complaint reveals that prima facie cognizable offence is made out. So, in my considered opinion, trial court wrongly ordered to enquire the matter under Section 200 Cr.P.C. instead of sending the complaint for investigation under Section 156 (3) Cr.P.C. So, petition filed by the petitioners deserves to be allowed. 7. Therefore, the Criminal Miscellaneous Petition is allowed and the order of the trial court dated 26.08.2022 is set aside. 8. Trial court is directed to send the complaint for investigation under Section 156 (3) Cr.P.C. to Police Station Chaksu. 9. Stay application also stands disposed of.