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.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.