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Judgment
M.D. Shah, J.
1 This petition under Article 226 of the Constitution of India has been filed by the Petitioner for quashing and setting aside order dated 14-10-2009 passed by the learned Chief Judicial Magistrate, Vadodara, rejecting the protest petition at Ex.27 filed by the Petitioner and accepting grant of ''C'' summary report filed by the investigating Officer in connection with DCB Police Station C.R. No. I-70 of 2005.
Facts in short are that a complaint was filed by the authorized officer of the Petitioner company in the Court of learned Chief Judicial Magistrate, Vadodara, for the offences punishable under Sections 409, 465, 467, 468, 471, 477A and 120B of IP Code. It was sent for inquiry u/s 156(3) of Code of Criminal Procedure As the matter involved offence under the Stamp Duty Act, the Petitioner requested the Collector, Vadodara, to take action against the accused persons. Since nothing has been taken by the authorities, the Petitioner filed Special Criminal Application No. 1448 of 2005 and this Court vide order dated 20-10-2005 directed the DCB Police Station to register FIR of the Petitioner. In pursuance thereto, the complaint filed by the Petitioner was registered as DCB Police Station C.R. No. I-70 of 2005. The Police Inspector of DCB Police Station, Vadodara City, at the end of investigation submitted a report u/s 173 of Code of Criminal Procedure to grant ''C'' summary report. Feeling aggrieved, a protest petition was submitted by the Petitioner on 17-1-2009 before the trial court requesting to get the investigation done by CID (Crime). Thereafter on 21-1-2009, original accused No. 3-Samarjitsinh Ranjitsinhji Gaekwad filed a representation before the trial court seeking to give an opportunity of being heard before granting ''C'' summary filed by the Investigating Officer. However, said representation was rejected by the trial court. Revision Application No. 61 of 2009 preferred against the said order was also dismissed by the learned Addl. Sessions Court Vide order dated 17-3-2009. This being the situation, learned Magistrate gave opportunity of hearing to the learned advocate of the accused at the time of granting "C'' summary report on 14-10-2009 and rejected the protest petition filed by the Petitioner. Hence, the present petition.
Heard learned advocate, Mr. B.B. Naik for the Petitioner and learned APP, Mr. L.R. Pujari for the Respondent-State.
Having heard the learned counsel for the respective parties, it transpires that in pursuance of filing of a complaint by the Petitioner-original complainant, investigation was carried out by the Investigating Officer and at the end of investigation, ''C'' summary report was submitted by the I.O. Before the learned Chief Judicial Magistrate. The learned Magistrate after giving opportunity of hearing to the learned advocate for the accused as well as the complainant granted ''C'' summary report which is challenged in this revision.
Once the Investigating Officer has filed ''C'' Summary report before the court, before granting the same, as per the provisions of Code of Criminal Procedure. Court ought to have issued notice to the complainant to listen to his grievance against granting of ''C'' summary report and court has to consider submission made by the complainant as well as police papers and is not required to look into the defense of the accused or submission made on behalf of the accused. In this case, the Court below has decided ''C'' summary after giving opportunity of hearing to the accused which prima facie shows that Court has considered the defense of the accused and passed the order which is prima facie against the provisions of law and so, it is required to be quashed and set aside and matter is required to be remanded to the court below for a decision afresh.
In view of the above, without expressing any opinion on merits of the matter, order dated 14-10-2009 passed by the learned Chief Judicial Magistrate, Vadodara, rejecting the protest petition at Ex.27 filed by the Petitioner and accepting grant of ''C'' summary report filed by the investigating Officer in connection with DCB Police Station C.R. No. I-70 of 2005 is quashed and set aside and the matter back with a specific direction to decide the matter afresh considering the police papers and after giving opportunity of hearing to the complainant and not the accused persons. This petition stands disposed of. Rule is made absolute accordingly.
Record and proceedings be sent back forthwith.