HON’BLE SRI JUSTICE RAJA ELANGO CRL.P.Nos.13537 of 2010, 454 and 1039 of 2011 COMMON ORDER: Since the point to be decided in all the Criminal Petitions is one and the same, they are being disposed of together by this common order. Facts of the case, in nutshell, are that the 1st respondent- complainant filed C.C.S.R.No.2453 of 2010 on the file of the Prl. Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad against accused Nos.1 to 15, under Section 200 Cr.P.C., with a prayer to refer the complaint to DG, ACB, Hyderabad, under Section 156(3) Cr.P.C. for investigation and report for the offences under Sections 11, 12 & 13 of the Prevention of Corruption Act, 1988 and Sections 406, 409, 420 r/w Section 120-B IPC. The learned Special Judge allowed the petition and referred the matter to the Director General, Anti- Corruption Bureau, A.P., Hyderabad, for investigation and report, by an order dated 27.12.2010. Being aggrieved thereby, accused No.5 filed Crl.P.No.13537 of 2010, accused Nos.3, 4, 8,11 & 14 filed Crl.P.No.454 of 2011, and accused Nos.2, 6 and 15 filed Crl.P.No.1039 of 2011, under Section 482 Cr.P.C., seeking to quash the said order. Heard. Sri C. Padmanabha Reddy, Senior Counsel, for the petitioners, mainly contented that while forwarding the complaint under Section 156(3) Cr.P.C. to the Director General of ACB, Hyderabad for investigation and report, the learned Special Judge should have applied his mind as to whether cognizable offence is made out or not and further it is the request of the complainant in the complaint itself that the matter should be referred to the police for investigation purpose, which clearly indicates his intention only to register an FIR against the petitioners and to harass them. On perusal of the record, this Court is of the view that the reference under Section 156(3) Cr.P.C. is prior to taking cognizance of the offence. Even though it is prior to taking cognizance of the offence, the learned Special Judge should note whether cognizable offence is made out in the complaint for purpose of investigation. Further, when a case is at pre-cognizance stage, there is no need for the Magistrate to pass an elaborate order. In the present case, the learned Special Judge, having perused the record, came to the conclusion that the complaint discloses an offence and the matter requires a thorough investigation and accordingly forwarded the complaint under Section 156 (3) Cr.P.C. for investigation. The Apex Court already held in a matter referred under Section 156(3) Cr.P.C. that there is no need to pass a detailed order stating reasons for forwarding the complaint. Learned senior counsel further submitted that when once the FIR is registered, there is possibility of the petitioners being arrested and harassed by the police. On the other hand, learned counsel for the 1st respondent fairly submitted that the 1st respondent is very much interested in the Society and he wants to eradicate corruption in the Society and therefore he filed the complaint. He further submitted that the 1st respondent is not interested in anyone to be arrested and put behind the bars. In view of the fair submission made by the learned counsel for the 1st respondent and on perusal of the records, this Court is of the view that the Criminal Petitions can be disposed of with the following directions: i. The Investigating Agency is at liberty to investigate the offence after registering the FIR. ii. Normally this Court will not order not to arrest the accused during investigation. But, in the facts and circumstances of the case, the Investigating Agency is directed to proceed with the investigation, without making any arrest of the petitioners herein. iii. The petitioners are directed to cooperate with the investigation. iv. During investigation, if the Investigating Agency is of the view that custodial interrogation of some of the petitioners is necessary, the Investigating Agency is at liberty to approach this Court for the same. Accordingly, the Criminal Petitions are disposed of. Miscellaneous Petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 28th February, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRL.P.Nos.13537 of 2010, 454 and 1039 of 2011 (Disposed of) 28th February, 2011 CBS