it is incumbent upon a Magistrate to apply his judicial mind to prevent malicious proceedings

.11.2018 p.b.

CRR 2714 of 2018 In Re: Kaushik Kumar Kar & Ors.

Mr. Milan Mukherjee, Mr. Biswajit Manna.

.......for the petitioner.

In this revisional application, the petitioner has challenged the order dated 1st September, 2018 passed by the learned Additional Chief Judicial Magistrate, Bidhannagar in connection with M.P. Case No.75 of 2018 thereby directing the Inspector-in-Charge of Bidhannagar South Police Station to conduct investigation treating the complaint of the opposite party no.2 as an FIR.

It is submitted that for passing the order under Section 156(3) of the Code of Criminal Procedure to set a criminal proceeding into motion, a person is required to pass through interrogation by the police agencies. In order to enable a person to avoid such rigour, it is incumbent upon a Magistrate to apply his judicial mind to prevent malicious proceedings initiated by persons against innocent citizens. In the instant case, a petition of complaint discloses that the opposite party no.2 was an employee of the petitioner no.1 and after his termination from the said company, he has filed the petition of complaint with mala fide intent.

It is also submitted that the learned Magistrate has committed an error and failed to consider that the opposite party no.2 did not inform the Investigating Officer of Bidhannagar South Police Station with the provision of Section 154(3) of the Code of Criminal Procedure.

It is categorically pointed out that the direction has been embodied in the case of "Priyanka Srivastava Vs. State of U.P." reported in (2015) 6 SCC 287 and also the direction so given by this Court in the revisional application being CRR 730 of 2018 vide judgment dated 20th July, 2018 which the learned Magistrate has ignored while issuing direction for investigation.