DINESH PATEL Vs. PREEMNARAYAN PARMAR AND OTHERS

JUDGEMENT

(1.) This Criminal Revision is filed assailing the order dated 31.05.2016 passed by learned Chief Judicial Magistrate, Indore in Miscellaneous Judicial Case No.210/2015.

(2.) The relevant facts for disposal of this revision are that the present applicant filed a criminal complaint before the Court of Chief Judicial Magistrate, Indore under Section 451, 380, 147, 326, 327 and 120-B of IPC. According to the facts stated in the complaint, the respondents No.1 to 4 entered into a conspiracy and due to the inimical relationship with brother Nandkishore, they demolished the superstructure on 26.02.2007 from where a dhaba in the name and style of Patel Palace was being run by the applicant and various movable properties and STD booth were demolished, destroyed and theft was committed. Thus, in brief, the case of the present applicant was that the respondents exceeded their authority and malafidely demolished the building belonging to the complainant and caused damage to his property. In the complaint, an application under Section 156(3) of Cr.P.C. was filed. The Magistrate ordered registration of offence. The offence was registered and a final (closure) report was filed. The closure was accepted by the Chief Judicial Magistrate by the impugned order against which, this revisions was filed.

(3.) Learned counsel for the applicant submits that after accepting the closure report, the Magistrate should have given him an opportunity to adduce his evidence under Section 200 and 202 of Cr.P.C. and on the basis of the evidence adduced by him independently from the investigation conducted by the police and the Magistrate should pass an order under Section 203 and 204 of Cr.P.C. as the case may be. He places reliance on judgment of Hon'ble the Apex Court in case of State of Rajasthan Vs. Fatehkaran Mehdu, 2017 AIR(SC) 796.