JUDGMENT :

M.R. Shah, J.

By way of this petition under Article 226 of the Constitution of India read with sections 397, 482 and 483 of the Code of Criminal Procedure, the petitioner T has prayed for an appropriate writ, order or direction setting aside the impugned order dated 14/2/2005 passed below application Ex.4 in Criminal Case No.3 of 2004, by the learned Judicial Magistrate (First Class), Surat, by which the learned trial court has passed order of recalling police investigation which was ordered under sec.156(3) of the Code of Criminal Procedure for the offences which are non-compoundable namely under sections 406, 420, 467, 468, 471, 504, 506(2) read with sec.114 of Indian Penal Code.

2. The No.2 - Surajben widow of Badharsinh alias Babarsinh Chauhan, filed one criminal complaint in the court of learned Judicial Magistrate (First Class), Valod being Criminal Case No.3 of 2004 against the Nos.3 to 8 herein for the serious offences punishable under sections 406, 420, 467, 468, 471, 504, 506(2) read with sec.114 of Indian Penal Code alleging inter-alia that the husband of the complainant namely Badharsinh alias Babarsinh Ratanji had expired on 10/6/1967 and the entry to that effe