Point of law : Revisional jurisdiction can be exercised if there appears to be patent defect in exercise of jurisdiction or irregularities manifestly crept in while passing an order and this eventuality is reflecting from the present impugned order.

ORDER :

1. The present Criminal Revision Application is filed under Section 397 read with Section 401 of the Code of Criminal Procedure for seeking quashment of order dated 11.01.2021 passed in Criminal Inquiry Case No. 64 of 2021 by learned Chief Metropolitan Magistrate, Ahmedabad and in the meantime, it is requested to stay the operation and implementation of the impugned order.

2. The case of the applicant is that the complainant viz. Dharmendrasingh Mahendrasingh Parmar had preferred an application before learned Chief Metropolitan Magistrate, Ahmedabad, which was registered as Criminal Inquiry Case No. 64 of 2021 inter alia with a prayer to register the FIR and investigation be ordered as per Section 156(3) of the Code of Criminal Procedure. In the said criminal inquiry case, the allegations were levelled against the office bearers as well as opponents herein about not only of malfunctioning of affairs of the society but also of manipulation of the record as well as concoction of resolution of the society by utilizing bogus letter-pad of the society and by executing such conduct, a large chunk of the society land though was not salable has been sought to be alienated of by granting permission to sell and as such, by making such kind of allegations about mis-utilizing the letter-pad of the society, creating concocted resolution, a pre-planned conspiracy and economic offence is committed, a request was made by way of filing such inquiry case requesting to send the matter for investigation under Section 156(3) to the C.I.D. Crime Branch, Ahmedabad and the said application was given on 08.01.2021 on which on 11.01.2021 itself, learned Chief Metropolitan Magistrate passed an order sending the matter for investigation under Section 156(3) of the Code of Criminal Procedure to the C.I.D. Crime and Railways, Ahmedabad Zone and directed to submit a report within a period of 90 days and ordered to register a complaint. It is this order passed by learned Chief Metropolitan Magistrate, Ahmedabad is made a subject matter of present Criminal Revision Application.

2.1 On 08.06.2021, a notice was issued making it returnable on 19.07.2021 and thereafter, learned advocates for the respective opponents filed their appearance.

3. When the matter is taken up for hearing, learned advocates have jointly requested the Court to take up the matter for final hearing. Hence, Rule, returnable forthwith. Learned advocate Mr. Bhavik Samani waives service of notice of rule on behalf of respondent Nos.1 to 6, whereas learned advocate Mr. Bhunesh Rupera waives service of notice of rule on behalf of respondent No.7 – complainant.

4. Learned Additional Public Prosecutor Mr. J. K. Shah appearing on behalf of the applicant State has submitted that a clear error is committed by the court below in exercising the discretion and sending the matter in a routine manner for investigation under Section 156(3) of the Code of Criminal Procedure and that too to the C.I.D. Crime and Railways, Ahmedabad Zone. Learned APP has submitted that even for sending the matter under Section 156(3) of the Code of Criminal Procedure, no subjective satisfaction is reflecting and apart from that, the matter has been sent for investigation to the C.I.D. Crime and Railways, Ahmedabad Zone which is a specialized agency and is run for some specific offences and not for the offence like this. According to him, no reasons of any nature are assigned while passing the impugned order and as such, the same is required to be quashed and set aside in the interest of justice.

4.1 Learned Additional Public Prosecutor Mr. Shah has relied upon the Police Manual and by tendering a xerox copy of relevant extract on record, an attention is drawn to Clause 462 of Chapter X which deals with functions and working of the C.I.D. Crime Branch and thereby, has submitted that such exercise of sending the matter to the C.I.D. Crime Branch is an irregular exercise of discretion and dehors the Police Manual as well. It