JOSHY VARGHESE Vs. MAR GEORGE ALANCHERRY

JUDGEMENT

(1.) Alleging offences punishable under sections 406, 420 and 120B IPC, the petitioner herein filed Ext. P1 complaint before the Judicial First Class Magistrate's Court-VIII, Ernakulam (Maradu). Inter alia, the petitioner had sought for in the complaint, a relief by way of forwarding the matter for investigation to the police under Section 156(3) Cr.P.C., 1973 At the same time, the learned Magistrate has proceeded with under Section 200 Cr.P.C., 1973 instead of invoking the provisions under Section 156(3) Cr.P.C., 1973 It seems that the sworn statement of the complainant has been recorded, and the complainant was directed to produce his witnesses.

(2.) Presently, the complainant seeks for a direction to the learned Magistrate to stop the inquiry in CMP. 2/2018 and to forward the complaint to the police in exercise of the powers under Section 156(3) Cr.P.C., 1973

(3.) Heard learned counsel for the petitioner Sri. V. Rajendran Perumbavoor and learned Senior Counsel Sri. S. Sreekumar for the 1st respondent.