(1.) Heard learned counsel for the petitioner and learned counsel for the respondents. Rule. Rule returnable forthwith by consent of the learned counsel for the parties.
(2.) The petitioner feels aggrieved by the order passed by the learned Magistrate in Misc. Criminal Case No. 178/2011 on 3rd October 2012, which runs as under:-
(3.) This order was passed by the learned Magistrate below applications (Exhibits 1 and 7). The petitioner wanted the offences punishable under Sections 3(1)(v), 3(1)(viii), 3(1)(ix), 3(2)(vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 to be added in the F.I.R. registered by Police being F.I.R. No. M-1 dated 23rd November 2011. The said F.I.R. was registered pursuant to the order passed by learned Magistrate in a Miscellaneous case under Section 156(3) of the Code of Criminal Procedure on 9th September 2011. By the said order, the complaint filed by the petitioner against respondent nos. 3 to 61 was referred to the police for investigation and report under Section 173 of the Code of Criminal Procedure. As already stated above, F.I.R. had been registered by police. However, the police did not register the offences punishable under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. The petitioner wanted these sections to be added in the F.I.R. Learned Magistrate refused to do so on the ground that he has no power to interfere with the investigation of the F.I.R. already registered by the police.