IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. -M 16258 of 2009 Date of decision : July 01, 2009 Rajwant Kaur ....Petitioner versus Neeraj Kumar Dhingra and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. DS Pheruman, Advocate for the petitioner L.N. Mittal, J. (Oral) This petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) has been filed by complainant Rajwant Kaur for quashing of order dated 1.5.2009, (Annexure P/4) passed by learned Judicial Magistrate Ist Class, Amritsar. The complainant filed criminal complaint before the learned Magistrate with prayer that the same be sent to police under section 156(3) Cr.P.C. for registration of FIR and investigation thereof. The learned Magistrate initially fixed the case for consideration. However, vide impugned order dated 1.5.2009, the learned Magistrate observed that the case was inadvertently fixed for consideration whereas it was to be fixed for preliminary evidence. Learned Magistrate accordingly fixed the case for preliminary evidence for 1.7.2009 i.e. today. Feeling aggrieved, the instant petition has been filed. Criminal Misc. No. -M 16258 of 2009 -2- I have heard learned counsel for the petitioner and perused the case file. Learned counsel for the petitioner vehemently contends that no order has been passed by learned Magistrate on prayer of the petitioner made in the complaint that the same be sent to police under section 156(3) Cr.P.C. for registration of FIR and investigation thereof. It is contended that a speaking order was required to be passed by the Magistrate regarding aforesaid prayer of the petitioner. I have carefully considered the contention but find no force in it. The learned Magistrate by fixing the case for pre-summoning evidence of the complainant-petitioner has impliedly rejected the prayer of the petitioner for sending the complaint to the police for registration of FIR and investigation thereof. Under section 200 Cr.P.C. the Magistrate has the option to either inquire himself into the case or to send it to the police under section 156(3) Cr.P.C. for registration of FIR. The Magistrate has exercised the discretion to inquire into the complaint herself. No fault can be found with the said exercise of discretion by the Magistrate. No speaking order was required to be passed for proceeding with the complaint by the Magistrate. Finding no merit in the instant petition, the same is hereby dismissed. ( L.N. Mittal ) July 01, 2009 Judge 'dalbir'