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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D.SUTHAR
Dipakbhai Kamleshbhai Gohil The Sales Manger Of Tirth Gold Partnership Firm – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
[1.0] Since the issue involved in all these petitions is same and all the petitions are filed challenging the order passed by the learned Magistrate sending the complaint of the respective petitioners – original complainants against common respondent Nos.2 to 8, for inquiry under Section 202 of the Code of Criminal Procedure, 1973 (for short “CrPC”) and which has been upheld by the learned Additional Sessions Judge, all these petitions are heard, decided and disposed of by this common oral judgment.
[2.0] By way of present petitions under Articles 14, 21, 226 and 227 of the Constitution of India, the petitioners – original complainants are seeking quashing of order passed by the learned 15th Additional Senior Civil Judge and Chief Judicial Magistrate, Surat below Exh.1 as well as the order passed by the learned 12th Additional Sessions Judge, Surat. The details of order passed by the learned Magistrate as well as learned Additional Sessions Judge qua respective petitioners is as under:
| Sr. No. | SCR.A No. | CR.MA No. | CR.RA No. |
| 1. | 6461/2025 | 2132/2024 | 228/2024 |
| 2. | 6466/2025 | 2192/2024 | 230/2024 |
| 3. | 6467/2025 | 1630/2024 | 231/2024 |
| 4. | 6476/2025 | 60/2024 | 222/2024 |
| 5. | 6477/2025 | 2131/2024 | 229/202 |
The Magistrate has discretion under Section 156(3) of the CrPC to decide on police investigation, and is not obligated to proceed with an FIR based on the complainant's request.
A Magistrate lacks jurisdiction to direct police investigation under section 202 of the Criminal Procedure Code for offences exclusively triable by the Sessions Court.
A Magistrate must not express views on the merits of a case when directing an investigation under Section 156(3) of the Cr.P.C., as it may compromise the integrity of the investigation.
A Magistrate must apply judicial discretion and provide reasoning when referring a matter for investigation under Section 156(3) of the Cr.P.C.; mechanical orders are unsustainable.
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 eventual....
The trial Court erred in ordering further investigation without discussing the police's final report, violating procedural requirements under the Cr.P.C.
Point of law: Cheating – private complaint - Court has to examine whether the material on record is sufficient and whether the Magistrate is satisfied with the allegations in the complaint
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