1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application (APL) No. 246/2011 Kiran Vinayakrao Patil V/s. State of Maharashtra Through P.S.O. P.S. Rajapeth, Dist. Amravati ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ------------------------------------------------------------------------------------------------------------------------------- Mr. Anil Mardikar, Advocate for Applicant Coram: A.P. Bhangale, J Dated : 26th July 2011 1. Heard learned counsel for the parties. 2. By means of this application, the applicant has prayed to quash and set aside the Criminal Case No. 229/2011, FIR registered as Crime No. M-1/11 and the order dated 17/03/2011, passed by the learned Chief Judicial Magistrate, Amravati. 3. It appears that after the complaint was lodged in respect of alleged offences punishable under Section 406, 409, 420, 468, 469, 471 read with Section 120(B) and Section 34 of the Indian Penal Code. The learned Chief Judicial Magistrate, Amravati by impugned order dated 17/03/2011 under Section 156(3) of the Code of Criminal Procedure, ordered investigation by Inspector, Economic Wing, Commissioner Office, Amravati. 2 4. Learned Advocate for the applicant submitted, that the Chief Judicial Magistrate, Amravati, ought not to have directed to submit the report within two months on payment of process fees. 5. The learned Magistrate has also sent the complaint documents listed with Exh. ‘3’ to the Investigating Officer. Be that as it may, the impugned order dated 17/03/2011 appears to be passed at pre-cognizance stage under Section 156(3) of the Code of Criminal Procedure. It is for the Investigating Agency to make necessary enquiry in respect of accusations in the complaint. There was no question of direction to submit the report within two months on payment of process fees, to that extent the order appears contrary to law and improper. However, since investigation has been directed, it is expected that it shall be completed by collecting necessary evidence and final report may be filed in respect of the enquiry / investigation before the learned Chief Judicial Magistrate, Amravati as early as possible either under Section 173 or under Section 169 of the Code of Criminal Procedure as the case may be so that the cognizance of offence, if any, may be taken by the Chief Judicial Magistrate, Amravati or necessary order may be passed pursuant to the final report submitted. 6. With these observations, I am not inclined to interfere with the direction under Section 156(3) of the Code of Criminal Procedure at pre-cognizance stage, however, it is expected that Inspector, Economic Wing, Commissioner Office, Amravati, who is 3 directed to conduct the investigation and shall make full enquiry including recording of the statement of the applicants herein in connection with the enquiry / investigation. 7. Application is disposed of accordingly. JUDGE Punde