HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2157 of 2008 Dated: 14-02-2008 Between: Hari Dwakaran. … Petitioner And The Deputy Inspector General of Police, West Godavari District & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2157 of 2008 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of respondents 1 and 2 in registering a case in Crime No.253 of 2007 on the file of the 2nd respondent as illegal and arbitrary on the ground that the same was referred by the Magistrate concerned, without assigning any reasons, on the private complaint filed by the 3rd respondent. 2. The 3rd respondent has lodged a private complaint before the II Additional Judicial I Class Magistrate, Eluru, West Godavari District. The said complaint was filed under Section 190(1) of Cr.P.C., alleging that the petitioner herein has collected some amount from him, assuring him a job in a Foreign Country and to provide Visa and Passport. It is stated in the complaint that though the petitioner has collected the money, but however, he did not provide any job and on the other hand, when he asked for return of the money, the petitioner has abused him by mentioning his Caste. On filing of the said private complaint, the Magistrate concerned has referred it to the Police as contemplated under Section 156 (3) of Cr.P.C. Basing on that complaint, the Police has registered a case in Crime No.253 of 2007 against the petitioner for the alleged offences under Section 420 of I.P.C. and also under Section 3(1)(X)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. It is the case of the petitioner that the said complaint is false and is a designed one to get him arrested on one ground or the other. It is submitted that though the complaint lodged before the Magistrate itself is a false one, the same was mechanically referred to the Police under Section 156(3) of Cr.P.C. 4. Section 156 of Cr.P.C. empowers a Police Officer to investigate into cognizable offences. If any private complaint is filed under Section 190 of Cr.P.C. before a Magistrate, the Magistrate concerned is empowered to order for investigation as contemplated under Section 156 of Cr.P.C., and no inquiry is required to be made by the Magistrate concerned, at the stage of referring the complaint to the Police under Section 156 (3) of Cr.P.C., for investigation. In that view of the matter, when the matter is referred for investigation, on the ground that it is mechanically referred, the petitioner cannot question the same before this Court. On the other hand it is submitted by the learned Government Pleader that pursuant to the reference of the complaint by the Magistrate, a case was registered in Crime No.253 of 2007 and four witnesses are already examined and final report will be filed as expeditiously as possible. 5. In view of the pendency of investigation, I do not find any valid ground to admit this writ petition. Though it is the case of the petitioner that the allegations made by the 3rd respondent in his complaint are false, but however, it is for the Police to collect the evidence and submit final report as contemplated under Section 173 of Cr.P.C. In the above circumstances, I dispose of the writ petition, directing the respondents 1 and 2 to complete the investigation as expeditiously as possible and file the final report, preferably within a period of six weeks from the date of receipt of a copy of this order. 6. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 14th February 2008 ajr