UPASANA FINANCE LTD Vs. S N BAGLA AND CO
LAWS(CAL)-2005-7-37
HIGH COURT OF CALCUTTA
Decided on July 21,2005

UPASANA FINANCE LIMITED Appellant
VERSUS
S.N.BAGLA AND COMPANY Respondents

JUDGEMENT

Bhaskar Bhattacharya, J. - (1.) These two mandamus appeals were heard analogously as those are interlinked and by a common judgment dated December 10, 2003, a learned Judge of this Court allowed the two writ applications filed by the respondents in these two appeals thereby quashing a First Information Report lodged by the police consequent to an order passed by the learned Metropolitan Magistrate, 11th Court, Saidapet, Chennai, under section 156(3) of the Code of Criminal Procedure on an application of complain filed by the appellant herein.
(2.) The appellant herein filed a complaint under section 200 reac with section 156(3) of the Code of Criminal Procedure before the 11th Court of Metropolitan Magistrate at Saidapet, Chennai, against the private respondents herein for a direction upon the Additional Deputy Commissioner of Police, General Crime, Egmore, Chennai-14 to register the case and to investigate the same by forwarding the complaint under section 156(3) of the Code of Criminal Procedure. The learned Metropolitan Magistrate allowed such prayer and accordingly, passed an order in terms of section 156(3) of the Code by directing the police to treat the said complaint as an FIR.
(3.) On the basis of such an order, the Additional Inspector of Police, Central Crime Branch, Chennai-8 registered a case being Miscellaneous Criminal No. 81 of 2001 under sections 403/406/417/418/420/448/468 read with section 120(B) of the Indian Penal Code and took up the investigation.;


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