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2016 (12) TMI 1855 - SC - Indian LawsMaintainability of petition - application dismissed on the ground that the Appellants had applied before the stage of issuance of process so to be issued by the Metropolitan Magistrate Under Section 156(3) of the Code of Criminal Procedure - HELD THAT:- In the present case a fact finding investigation was directed by the impugned order. Consequently, FIR was registered against Appellants No. 2 to 4 and against RM (Vinod Koper). The accused under Indian Criminal Legal System, unless proved guilty shall always be given a reasonable space and liberty to defend himself in accordance with the law. Further, it is always expected from a person accused of an offence pleading not guilty that he shall co-operate and participate in criminal proceedings or proceedings of that nature before a court of law, or other Tribunal before whom he may be accused of an 'offence' as defined in Section 3(38) of the General Clauses Act, i.e., an act punishable under the Penal Code or any special or local law. At the same time, courts, taking cognizance of the offence or conducting a trial while issuing any order, are expected to apply their mind and the order must be a well reasoned one. The Appellants approached the High Court even before the stage of issuance of process. In particular, the Appellants challenged the order dated 04.01.2011 passed by the learned Magistrate Under Section 156(3) of Code of Criminal Procedure. The learned Counsel appearing on behalf of the Appellants after summarizing their arguments in the matter have emphasized also in the context of the fundamental rights of the Appellants under the Constitution, that the order impugned has caused grave inequities to the Appellants. In the circumstances, it was submitted that the order is illegal and is an abuse of the process of law. However, it appears to us that this order Under Section 156(3) of Code of Criminal Procedure requiring investigation by the police, cannot be said to have caused an injury of irreparable nature which, at this stage, requires quashing of the investigation. There are no flaws in the impugned order or any illegality has been committed by the High Court in dismissing the petitions filed by the Appellants before the High Court - appeal dismissed.
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