KANHU CHARAN SETHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The accused persons have filed this application under S. 482 of the Code of Criminal Procedure (hereinafter referred to as the "Code") for quashing G. R. Case No. 101 of 1996 arising out of ICC Case No. 30 of 1996 now pending in the file of the Sub-Divisional Judicial Magistrate, Anandapur.

(2.) Briefly stated, the facts giving rise to the present application are as follows :-Complainant, Rabindra Sethi filed ICC Case No. 30 of 1996 in the Court of the Sub-Divisional Judicial Magistrate, Anandapur, against the present petitioners alleging commission of offences under Ss. 294/341/395/323/34, IPC (hereinafter referred to as the 'IPC'). On 20-3-1996, the date on which the complaint was filed, the S.D.J.N. passed the following order :-

(3.) Mr. B. Misra, learned counsel appearing for the petitioners, has raised the sole contention that though the Magistrate has power to direct investigation under S. 156(3) of the Code, he has no jurisdiction to direct the police to treat the complaint as an FIR. In support of the aforesaid contention, he has placed reliance on the Division Bench decision of the Punjab and Haryana High Court reported in 1996 Cri LJ 612 (Ganesh Dass v. State of Kerala) (obviously "State of Kerala" is a mis-print.)The learned standing counsel appearing for the State has submitted that no illegality has been committed in directing the police to treat the complaint as an FIR and to investigate into the same, in view of the provision in S. 156(3) of the Code.