THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8094 of 2011 ORDER: Petitioner preferred this criminal petition challenging order dated 25.08.2011 passed by the II Additional Junior Civil Judge (Judicial First Class Magistrate), Gurazala, in CFR.No.1789 of 2011, which reads as hereunder: “ Heard both sides. Perused the record as per the provision u/s 195 (1) (b) (i) of the Code the Sec. 199 IPC mentioned in the complaint is barred by the Code. Therefore petition is rejected and the complainant has no locus standi to file the case.” Learned counsel for the petitioner submitted that the petitioner filed a complaint on 03.08.2011 before the II Additional Junior Civil Judge, Gurazala, invoking the provision under Section 200 Cr.P.C., to take cognizance of the offence under Section 199 of IPC against the respondents herein, and on 10.08.2011, the learned Magistrate, after perusal of the complaint, forwarded the complaint under Section 156 (3) Cr.P.C., for investigation and report, and posted the matter to 07.10.2011. However, on the same day i.e., on 10.08.2011 at 1.30 p.m., the accused/respondents filed an application under Section 156 Cr.P.C., and requested to hear both sides. On such request, after issuing notice to both sides, the learned Magistrate heard the parties and passed the impugned order as stated above. Learned counsel for the petitioner further submitted that when once the learned Magistrate forwarded the complaint under Section 156 (3) Cr.P.C., he has to wait for the outcome of the investigation, and prior to filing of the final report, the learned Magistrate has no power to call the parties and decide the issue. This Court appreciates the argument of the learned counsel for the petitioner that prior to filing of the final report, the learned Magistrate has no power to call the parties and decide the issue. But at the same time, it is to be noticed that the complainant has participated in the hearing and the learned Magistrate rejected the complaint after hearing both sides and perusal of the complaint as per provision under Section 195 (1) (b) (i) of Cr.P.C., brought to his notice. This Court is of the view that even though the impugned order is passed without jurisdiction as stated by the learned counsel for the petitioner, there is no purpose of proceeding with the investigation under Section 156 (3) Cr.P.C., in view of the bar under Section 195 (1) (b) (i) of Cr.P.C. Thus, the impugned order passed by the learned Magistrate can be upheld by this Court on the ground that the police has no jurisdiction to investigate the matter in view of the bar under Section 195 (1) (b) (i) of Cr.P.C. Accordingly, this criminal petition is dismissed. ____________________ JUSTICE RAJA ELANGO 08.09.2011 v v