JUDGMENT :

1. By way of filing this Special Criminal Application under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the legal validity of the impugned order dated 3.1.2015 passed by the learned Judicial Magistrate, First Class, Anand, whereby he has forwarded the complaint filed by respondent no.2 to the concerned police under Section 156 (3) of the Criminal Procedure Code with a direction to register an FIR and to investigate the case and to submit his report.

2. Heard Mr.D.C.Dave, learned Senior Counsel for the petitioner and Ms.Jyoti Bhatt, learned APP for the respondent- State and Mr.S.I.Nanavati, learned Senior Counsel for the second respondent.

3. Concise statement of facts leading to the lis, relevant for disposal of this application, is stated as follows:-

3.1 The second respondent is the complainant, who has filed a private complaint before the learned Judicial Magistrate, First Class, Anand, for the offences punishable under Sections 467, 468, 465, 420 and 120-B of the Indian Penal Code against the petitioners herein.

3.2 As per the allegations ascribed in the said complaint, father of the complainant by name Shashikant P. Patel passed away on 17.4.2012. Prior to his death, marriage with his wife was dissolved by way of divorce. It is stated that his father died intestate and after his death only his children succeeded to his estate, as there was divorce between him and his wife.

3.3 However, it is stated that the first petitioner herein claiming to be the wife alleging that the deceased Shashikant P. Patel married her on 5.4.2012 made a claim over his properties. It is stated that she has fabricated false marriage certificate as if it was also signed by the deceased Shashikant P. Patel and also created a forged Will said to have been executed by the deceased-Shashikant P. Patel, during his lifetime bequeathing all his movable and immovable properties in her favour. Therefore, as she laid a claim over the properties of Late Shashikant P. Patel on the basis of said false and bogus Marriage Certificate, Will and also a false Pedigree, which was created by her, the complainant filed the said complaint before the learned Magistrate to prosecute the petitioners herein for committing the aforesaid offences of creating false and forged documents and for laying false claim in respect of property of Late Shashikant P. Patel.

3.4 The said complaint was filed under Section 200 of CrPC and the complainant also made a prayer in the said complaint to refer the case under Section 156 (3) of CrPC to the police to register an FIR and to investigate the case.

3.5 The learned Magistrate by the impugned order has forwarded the said complaint under Section 156 (3) of CrPC to the concerned police to register an FIR and to investigate the case.

4. The petitioners now challenge the said order of the learned Magistrate in forwarding the complaint to the police for registration of FIR and to investigate the same on the ground that the impugned order is a cryptic order devoid of any reasons and that the learned Magistrate has passed the said order without applying his judicial mind, as required under the law.

4.1 Elaborating the contention, learned counsel for the petitioners would contend that when the learned Magistrate invokes Section 156 (3) of CrPC and forwards the complaint to the police for registration of FIR and investigation that he has to invariably pass a reasoned order as to how a prima facie case is made out against the accused relating to commission of alleged offences and why registration of FIR and investigation is required and, if the order is passed without assigning any reasons, as stated above, that the order is legally not sustainable under law. Therefore, relying on the law laid down by the Apex Court in the case of Anil Kumar and Another v. M.K.Aiyappa and Another reported in [2013] 10 SCC 705, and Priyanka Srivastava and Another v. State of Uttar Pradesh and Others reported in [2015] 6 SCC 2