Samir Rahmani And Ors vs Abdul Gani And Ors

Sanjay K. Agrawal, J

Heard on question of admission.

Petitioners herein filed an application under Section 156 (3) of the Cr.P.C. which was rejected by learned Trial Magistrate vide order dated 07/05/2013 holding that the complaint would be dealt with under Section 200 of the Cr.P.C. against which they preferred a criminal revision before the Court of sessions which has also been dismissed vide order dated 29/09/2014 against which this criminal miscellaneous petition under Section 482 of the Cr.P.C. has been preferred by them.

Mr. Rajendra Patel, learned counsel for the petitioners submits that both the Courts below are absolutely unjustified in rejecting the petitioners' application under Section 156 (3) of the Cr.P.C.

I have heard learned counsel for the parties, considered their submissions and went through the record with utmost circumspection.

Learned trial Magistrate has clearly held that this is a fit case where the complaint would be taken care of under Section 200 of the Cr.P.C. and the matter can be proceeded further under Section 200 of the Cr.P.C. which has not been interfered by the revisional Court. I do not find any perversity or illegality in the said finding recorded by both the Courts below.

This criminal miscellaneous petition deserves to be and is accordingly dismissed at the motion stage reserving the liberty in favour of petitioners so as to continue with the proceedings under Section 200 of the Cr.P.C.