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Judgment
P.K. TripatHy, J.—A counter affidavit is filed by the opposite party No. 3.
Heard.
On consent of both the parties, this writ petition stands disposed of at the stage of admission.
Petitioner is the first party in Misc. Case No. 27 of 2001 u/s 145, Code of Criminal Procedure, pending in the Court of Executive Magistrate-cum-Tahasildar, Dhamnagar. Opposite party No. 5 is the second party in that proceeding. In course of inquiry, on 6.12.2001, learned Magistrate found that certain documents, such as registered sale deed, R.O.R. of the Major Settlement and rent receipts, etc. were relied on by the second party members and all such documents are either forged or fabricated. Taking such a view, learned Magistrate directed for registration of a case against the opposite party No. 5, for the offence of cheating and forgery and accordingly lodged an FIR with the direction to the opposite party No. 3, i.e., the Officer-in-Charge of Bhandaripokhari Police Station to take steps in respect of investigation.
Grievance of the Petitioner is that notwithstanding such directions of Tahasildar-cum-Executive Magistrate, Dhamnagar, the opposite party No. 3 has totally remained callous and did not take any action. On the other hand, in the counter affidavit the Officer-in-Charge has stated that on the basis of the FIR a case u/s 188, Indian Penal Code was registered and finally a charge-sheet for the offence under Sections 447/188/379, Indian Penal Code has been submitted.
After hearing the parties, this Court finds that learned Executive Magistrate did not act in accordance with law, as provided in Section 340, Code of Criminal Procedure That course is still open to him. Therefore, he is to conduct an inquiry in accordance with law, providing an opportunity of show-cause and hearing to the opposite party No. 5 and after completion of the inquiry if he is satisfied that any offence, as provided in Section 340, Code of Criminal Procedure read with Section 195(1)(b), Code of Criminal Procedure have been made out, then he is to make a complaint in accordance with the provision in Section 340(1)(b). Such exercise be undertaken and completed notwithstanding police investigation, which has been completed and resulted in submission of a charge-sheet.
The writ petition stands disposed of accordingly.
Writ petition disposed of.