B JAYACHANDRAN Vs. STATE

JUDGEMENT

(1.) A private complaint has been preferred by the second respondent as against the petitioners herein, before the Judicial Magistrate, No.VI, Coimbatore, for an offence punishable under section 120(b), 417 and 420 IPC, whereupon, after taking the complaint on file, the learned Magistrate issued a direction under Section 156(3) Cr.P.C. to the first respondent for investigation and, pursuant thereto, enquiry was taken up in CFR No,6131 of 2009 and, seeking to quash the same, the present petition has been preferred.

(2.) THE learned counsel for the petitioners, by submitting that the offences alleged are not made out as the dispute involved is purely civil nature, would point out that, pending enquiry in CFR No,6131 of 2009, the second respondent preferred a petition before this Court in Crl.O.P.No.17440 of 2009 seeking for a direction to register First Information Report and investigate into the complaint forwarded by the learned Magistrate by order dated 10.06.2009 under such circumstances, an FIR need not be registered since the first respondent has already taken up the enquiry.

(3.) IT is seen that the learned Magistrate, after taking the private complaint on file, issued a direction under Section 156(3) of Cr.P.C to the first respondent to conduct an enquiry. IT follows thereby that the first respondent at once registers a case and takes up the task of investigation. But, the first respondent bypassing the procedure, conducted an enquiry with reference to CFR No,6131 of 2009 and ultimately, concluded the case and filed final report. When there is a specific direction issued by the learned Magistrate in that line, the practice adopted by the first respondent is contrary to the procedure prescribed by Criminal Procedure Code and the decisions of the Apex Court. Since the procedure contemplated was not followed, the second respondent preferred Crl.O.P.No.17440 fo2009 with the prayer, -The petition is filed, seeking for a direction to the 1st respondent to register F.I.R., investigate into the matter in accordance with law and to file the final report as referred by the learned Judicial Magistrate, No.VI, Coimbatore by his order dated 10.06.2009-. and, in the meantime, a conclusion has been reached by the first respondent to the effect that the dispute is of civil nature. While passing orders in the Criminal Original Petition, the said fact was not brought to the notice of this Court. Under such circumstances, since the first respondent police misdirected himself, the Commissioner of Police, Coimbatore City, is directed to nominate an officer, who, in turn, is directed to comply with the direction issued by this Court in Crl.O.P.No.17440 of 2009 dated 24.08.2009 by registering an FIR and proceeding with the investigation in the manner prescribed by law. With the above direction, the petition is dismissed and the connected miscellaneous petition is closed.