Rasiklal Dalpatram Thakkar vs State Of Gujarat & Ors

3. In 1992, the appellant's company took loan from the aforesaid Bank which for the reasons prevailing closed down its business operations in 2001. Thereafter, a Scheme of Reconstruction approved by the Reserve Bank of India was formulated and a new Board of Management (Administration) came to be appointed to implement the same. Several irregularities were discovered regarding the grant of loans to borrowers with the connivance of the then Chief Executive Officer, Managing Director and Chairman of the Bank. Several complaints came to be registered against the said officers and several borrowers. Five such complaints were filed against the appellant on 9th July, 2003, before the Chief Metropolitan Magistrate, Ahmedabad, who directed 3 the Economic Offences Wing, State C.I.D. (Crime), Ahmedabad, under Section 156(3) Cr.P.C. to carry out an investigation. The Investigating Agency submitted a report stating that the allegations complained of had been committed within the territorial limits of the city of Mumbai, Maharashtra, and that the investigation should, therefore, be transferred to the Investigation Agency in Mumbai, Maharashtra.

4. The said report was rejected by the Chief Metropolitan Magistrate, Ahmedabad, on the ground that it was not for the Investigating Agency to decide not to investigate a complaint forwarded to it under Section 156(3) Cr.P.C. on the ground that the offence complained of was allegedly committed outside the territorial jurisdiction of the Investigating Agency. The learned Magistrate by his order dated 31.5.2006, directed the Investigating Agency to carry out a further investigation and 4 report whether the alleged offence had been committed or not.

5. The said order of the learned Chief Judicial Magistrate, Ahmedabad, was challenged by the appellant herein before the City Civil and Sessions Court at Ahmedabad in revision which was dismissed on 22.9.2006 by the City Sessions Judge Court No.11, Ahmedabad. A writ petition was filed in the High Court by the appellant on 21.11.2006 being Writ Petition No.2366 of 2006, challenging the decision of the Sessions Court.

7. Accepting the views expressed by the Chief Metropolitan Magistrate that the Investigating Agency was only required to state the outcome of the investigation pursuant to an order under Section 156(3) Cr.P.C. and that it had no authority to state which Court had jurisdiction to inquire into the alleged offence, the High Court by its impugned judgment dated 15.3.2007 dismissed the writ petition filed by the appellant, inter alia, on the following grounds :-

8. It appears that when the writ petitions were taken up for hearing a prayer was made for amendment of the prayers by incorporating paragraph 14(BBB)in each of the writ petitions. By virtue of the amended prayer, the appellant wanted the High Court to quash and set aside Enquiry Case No.21 of 2003 filed before the Chief Metropolitan Magistrate, Ahmedabad, and to also quash the order 7 directing investigation under Section 156(3) Cr.P.C. and the proceedings arising therefrom. The said prayer was rejected by the High Court on the ground of delay and also on the ground that the order of the Magistrate dated 9.7.2003 had not been challenged for a period of four years.

26. We, therefore, are not inclined to entertain the appeal and the same is, accordingly, dismissed.