1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4483 OF 2009 Sajjad Mohammed Gaus Gheewala ..Applicant versus The State of Maharashtra & Anr. ..Respondents Mr. M. K. Kocharekar for Applicant. Mr. S. N. Gawade – APP for State. CORAM : S. A. BOBDE, J. DATED : 7TH OCTOBER, 2009. P.C. : 1. The applicant has challenged the M.E.C.R. No. 1 of 2009 registered with Nirmal Nagar Police Station, in pursuance of the Order passed by the Metropolitan Magistrate, 32nd Court, Bandra in C.C. No. 184/SW/2009. 2. The only contention raised on behalf of the applicant is that the prayer clause of the complaint is defective, in that, it prays for action under Section 156(3) of Cr.P.C. without making any grievance about the commission of any offence. The prayer clause of the complaint reads as follows: 2 “That by an appropriate order and direction of this Hon’ble Court the Senior Inspector of Police, Nirmal Nagar Police Station be directed to investigate my complaint u/s. 156(3) of Cr.P.C. against the accused for the offence u/sec. 352, 386, 420, 465, 467, 471, 474, 511 of the Indian Penal Code so that the accused can be appropriately dealt with in accordance with law.” According to the learned counsel the complainant is not entitled merely by way of investigation of a complaint under Section 156(3) of the Cr.P.C. alleging the commission of an offence and without asking for action in respect of the offence and therefore the prayer clause is defective and process could not have been issued and no offence could have been registered against the applicant. 3. A plain reading of the prayer clause however shows that the complainant has prayed for investigation of his complaint as a step in aid for taking action against the accused under Section 352, 386, 420, 465, 467, 471, 474, 511 of the Indian Penal Code “so that the accused can be appropriately dealt with in accordance with law.” Section 2(d) of the Cr.P.C. which defines “complaint” reads as follows: 3 “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.” 4. Upon reading of the complaint and the prayer clause made by the respondent – complainant, it can be said that the complainant has made an allegation in writing to a Magistrate with a view to taking action under this Code in respect of stated offences. Thus, there is no merit in the application, which is hereby dismissed. (S. A. BOBDE, J.)