Vinay Vyasa Deputy Municipal Commissioner and Others vs State of Gujarat and Another

M.R. Shah, J.—Present Criminal Miscellaneous Application u/s 482 of the Code of Criminal Procedure has been preferred by the Petitioner-original accused to quash and set aside the proceedings of Inquiry Case No. 4 of 2003 pending in the Court of learned Metropolitan Magistrate, Court No. 5, Ahmedabad.

After the matter was argued for some time by Shri A.D. Shah, learned Counsel for the Petitioner-original accused and Shri Pandya, learned advocate for the original complainant and Shri Dabhi, learned APP for the State, there is a broad consensus between the learned advocates for the parties that the impugned order passed by the learned Magistrate taking cognizance and ordering inquiry u/s 202 of the Code of Criminal Procedure be quashed and set aside and that let the original complainant may appear before the learned Magistrate for verification of the complaint on oath and thereafter the learned Magistrate may pass an appropriate order considering Sections 200 and 202 of the Code of Criminal Procedure. Shri Pandya, learned advocate for the Respondent-original complainant has stated at the bar that original complainant shall appear before the learned Magistrate on 26th September 2011 for verification on oath. Learned advocates for the respective parties do not invite any further reasoned order while quashing and setting aside the order passed by the learned Magistrate ordering inquiry u/s 202 of the Code of Criminal Procedure.

In view of the above broad consensus between the learned advocates for the respective parties, order passed by the learned Metropolitan Magistrate, Court No. 5 dated 7.1.2003 passed in Inquiry Case No. 4 of 2003 ordering inquiry u/s 202 of the Code of Criminal Procedure be quashed and set aside and matter is remanded to the learned Magistrate at the pre-cognizance stage and as and when original complainant appears before the learned Magistrate on 26th September 2011, has reported for his verification of the complaint on oath as required u/s 200 of the Code of Criminal Procedure, the original complainant is permitted to verify the complaint on oath and thereafter the learned Magistrate to consider the said complaint in accordance with law and on merits as provided u/s 200 r/w 202 of the Code of Criminal Procedure at the earliest. However, this Court has not expressed anything on merits in favour of either parties so far as allegations made in the complaint are concerned and after verification of the complaint on oath, it is ultimately for the learned Magistrate to consider the same in accordance with law and on merits. With this, present application is disposed of. Direct service is permitted to Respondent No. 2. Registry is directed to send the writ of this order to the learned Magistrate.