had filed a complaint before the Chief Judicial Magistrate at Nanded, alleging therein that, he happens to be the Life member of National Integrated Medical Association (hereinafter referred to as “NIMA” for the sake of brevity). It is alleged in the complaint that, the association is the owner of property bearing Municipal No. 1-8-932. That, respondent No. 2 herein without consulting the other members of the association had rented the said premises in favour of the Post Office. He had retained all the documents with him. The rent which was paid by the Post office was accepted in cash by respondent No. 2. In short, the complainant had alleged that respondent No. 2 has misappropriated the funds of the association and liable for offence punishable under Sections 420, 463, 465, 468 and 471 of the Indian Penal Code. By an order dt. 5th November, 2014, learned 3rd Judicial Magistrate First Class, Nanded (herein after shall be referred to as “JMFC”), had given directions under Section 156(3) of the Code of Criminal Procedure. It appears from the order passed by JMFC that the said order in the nature of direction was not passed for the purpose of asking but the learned JMFC had applied his judicial mind.
