MADHU Vs. SASEENDRA

JUDGEMENT

(1.) This M. C. is filed by the 1st accused in Crime No. 202/99 registered by the Palode Police alleging offence punishable under S.494 read with S.34 of IPC to quash the entire proceedings initiated against him.

(2.) The 1st respondent filed a complaint before the Judicial First Class Magistrate's Court I, Nedumangad alleging offence punishable under S.494 read with S.34 of IPC against the accused. The learned Magistrate took the complaint to file as CMP No. 6282/99 and forwarded the same to the S.I. of Police, Palode for investigation and report under S.156(3) of the Cr.P.C. Accordingly, the Palode Police registered the above crime alleging offence punishable under S.494 read with S.34 of IPC and commenced investigation.

(3.) The petitioner has contended that the course adopted by the learned Magistrate in this case is illegal and violating the provisions of S.198(1) of the Cr.P.C. According to him, the learned Magistrate has no authority to forward the complaint alleging offence punishable under S.494 of IPC to the police for investigation and report under S.156(3) of the Cr.P.C. and the police has no power to register the case against the petitioner and investigate the same. Therefore, according to the petitioner, the entire proceedings initiated against him should be quashed by invoking the inherent jurisdiction of this Court under S.482 of the Cr.P.C.