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2022 Supreme(Raj) 1120

NARENDRA SINGH DHADDHA
Moolchand – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor. – Respondent


Advocates appeared:
Mr. Pratush Choudhary, Advocate, on behalf of Mr. Deepak Chauhan, Advocate, for the Appellant
Mr. Atul Sharma, PP., for the Respondent.

ORDER

Narendra Singh Dhaddha, J. - Defect is overruled.

1. This Criminal Miscellaneous Petition has been filed by the petitioner under Section 482 Cr.P.C. against the order dated 26.08.2022 passed by Additional Civil Judge and Metropolitan Magistrate No.19, Chaksu, Jaipur Metropolitan-I wherein the application of the petitioners under Section 156 (3) Cr.P.C. for registration of the FIR has been rejected.

2. Learned counsel for the petitioners submits that petitioners had filed a complaint before the trial court against the respondent Nos.2 to 11 for the offence under Sections 420, 406, 467, 468, 471 and 120-B IPC. Learned counsel for the petitioners also submits that petitioners have requested the trial court to send the complaint for investigation under Section 156 (3) Cr.P.C. but trial court instead of sending the complaint for investigation under Section 156 (3) Cr.P.C. ordered an enquiry under Section 200 Cr.P.C. Learned counsel for the petitioners also submits that a bare perusal of the complaint reveals that prima facie cognizable offence is made out, so, trial court cannot use discretion in arbitrary manner. So, the order of the trial court dated 26.08.2022 be set aside and tri

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