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2007 Supreme(Del) 761

BADAR DURREZ AHMED
COGENT SILVER FIBER PTE LTD. – Appellant
Versus
STATE – Respondent


Advocates Appeared:
K.K.SUD, V.K.Malik, VIJAY AGARWAL


BADAR DURREZ AHMED, J.

( 1 ) THE petitioner is aggrieved by the order dated 05. 04. 2006 passed by the learned Metropolitan Magistrate. By the impugned order, the petitioner's application for a direction/ order for investigation under Section 156 (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "code") was dismissed in the following words:-

"in my considered opinion, the dispute between the parties is purely of civil nature and it does not disclose commission of any offence under the Penal Code for which either directions under Section 156 (3) Cr. P. C. can be passed or cognizance u/s 190 (1) (a) Cr. P. C. can be taken to proceed with the complaint under Section 200 Cr. P. C. Further proceeding in the matter would only lead to wastage of valuable judicial time. The petition as well as complaint are dismissed. File be consigned to Record Room. "

( 2 ) THE petitioner had made the application under Section 156 (3) of the code because the complaint filed by the petitioner before the Police Station malviya Nagar, was not being registered as an FIR and the police was not investigating into the purported offences under Section 406/ 420/467/468/471/506/120 B IPC.



























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