STATE OF KARNATAKA Vs. THAMMAIAH

JUDGEMENT

(1.) THIS petition is filed by the Superintendent of Police, COD, Bangalore, questioning the order passed by the learned magistrate in directing the petitioners to investigate and report the matter under S. 156 (3), Cr. P. C.

(2.) HEARD the learned S. P. P. appearing for the petitioner and the learned counsel for the R-3.

(3.) THE learned S. P. P. has vehemently argued that COD is not a police station and the learned Magistrate has no jurisdiction to refer the matter under S. 156 (3) Cr. P. C. directing the COD to investigate into the matter in a private complaint. He also submitted that under S. 156 (3) Cr. P. C. the regular police station which comes within the jurisdiction of the Magistrate only should be directed to investigate into the offence. According to him, COD can take up investigation only on the basis of the matter referred to by the Govt. Even if the police officer of any police station is not investigating the matter for any reason, then the Magistrate has to refer it to the superior Officer under whose administrative control the said police station comes. He has also taken me through the clauses of the notification/standing order No. 630 dt. 21-4-1994 in regard to the establishment of CID which is now called the COD. If any investigation has to be taken up, it has to be done by the COD as per the direction of the Director General of Police on considering such application if any. Therefore, he submitted that the impugned order is liable to be set aside.