Point of Law: Powers bestowed on the Magistrate have grave repercussions on individual citizens life and liberty. Thus, these powers also confer great responsibility on the shoulders of the Magistrate and must be exercised with great caution, and after suitable judicial application of mind.

JUDGMENT :

1. Both these Criminal Revision Applications are arising out of almost on a similar challenge, hence upon request of learned advocates for the parties, both these applications are taken up conjointly by treating Criminal Revision Application No.394 of 2021 as a lead matter and for the sake of convenience, the facts are taken from the said lead matter.

2. The lead matter, i.e. Criminal Revision Application No.394 of 2021, is filed under Section 397 read with Section 401 of the Code of Criminal Procedure (‘the Code’ for short) for the purpose of challenging the legality and validity of the order dated 8.10.2020 passed in Criminal Inquiry Case No.686 of 2020 by learned Chief Metropolitan Magistrate, Ahmedabad and simultaneously, has prayed for a relief to modify the direction given by the Trial Court and handover the inquiry as per Section 156(3) of the Code to the concerned police station having jurisdiction.

3. The premise on which, the lead matter is preferred by the State authority is that complainant Mr. Jashvantbhai Somabhai Patel had filed an application before learned Chief Metropolitan Magistrate, Ahmedabad, which was registered as Criminal Inquiry Case No.686 of 2020, with a prayer to register FIR and investigation be ordered as per Section 156(3) of the Code for sending the same for investigation through CID-Crime Gandhinagar.

4. The case of the original complainant is that the complainant is residing at the address mentioned in the cause title and carrying on the business of ‘Hariom Textile’ and since accused Nos.1 and 2 are residing in the very same society and knowing each other, who are carrying on business in the name of ‘Forum Sadi’, whereas accused No.3 is a working partner with both these accused Nos.1 and 2. In the year 2016, accused Nos.1 and 2 came at the place of the complainant and gave a proposal to invest money, which would fetch three times profit than the investment since these accused persons are carrying on business and having influence in the cities of Surat, Mumbai, Bangalore, Chhatishgarh and State of Madhya Pradesh as well. By inducing the complainant, the accused persons had seen to it that the complainant may invest the money and upon such representation and reposing confidence, certain amounts have been given. In addition to the complainant, the other known persons have also invested money, and according to the complainant, the amount which has been lent is to the tune of Rs.57,45,000/-.

5. Subsequently, during passage of time, the complainant apprehended something wrong taking place and as such, requested to give back the amounts and in response thereto, few cheques have been given, details whereof are mentioned in the complaint. The cheque which was given when deposited on 29.9.2020, same came to be returned with an endorsement of ‘FUND INSUFFICIENT’. The cheque was given by accused No.3. An amount of Rs.5 lakh through cheque No.000894 was issued by accused No.1 as part-payment to the main amount, as indicated above, whereas, another amount of Rs.5 lakh, vide cheque No.269376, was also issued, signed by accused No.3 and these cheques came to be returned and as such, having realized that fraud and cheating being committed with the complainant, an application was given on 6.10.2020 before the Chief Metropolitan Magistrate, Ahmedabad for a relief to send the matter for investigation through Inspector In-charge of CID-Crime, Gandhinagar under Section 156(3) of the Code.

6. It is the case of the petitioner that upon receipt of the said application from the original complainant, without application of mind and in a routine manner, just by a cryptic order, the matter was sent for investigation under Section 156(3) of the Code by directing the Police Superintendent of CID-Crime, Ahmedabad Zone to inquire and submit report within 90 days before the Court and to that effect, an order is passed on 8.10.2020, as stated above, and it is this order which is challenged by the State authority on multip