N AMSAVENI Vs. R LOGANATHAN

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the Order passed by the learned Judicial Magistrate No.VII, Coimbatore, directing the respondent Police to register an FIR under Section 156(3) of CrPC.

(2.) The learned counsel for the petitioner submitted that entire procedure followed by the Court below is illegal and against the settled principles of law. The learned counsel submitted that the first respondent initially filed a complaint before the Court below and the Court below took a sworn statement of the first respondent. Thereafter, the Court below ordered for an enquiry under Section 202 of Cr.P.C., and sought for a report from the Police. A report was also filed before the Court below. The Court below thereafter chose to issue directions under Section 156(3) of Cr.P.C., and directed the respondent Police to register an FIR against the accused persons.

(3.) The learned counsel for the petitioner submitted that Section 156(3) of Cr.P.C., comes into play in the pre-cognizance stage and Section 202 of Cr.P.C., comes into play at the post-cognizance stage. The moment the Court below had chosen to treat the petition as a complaint under Section 200 of Cr.P.C., and had taken the sworn statement of the first respondent and ordered for a report under Section 202 of Cr.P.C., the Court below did not have the jurisdiction to give a direction under Section 156(3) of Cr.P.C. The learned counsel further submitted that pursuant to the orders passed by the Court below, the respondent police have also now registered an FIR in Crime No.9 of 2019.