- (1.) This Criminal Revision Case is filed by A-1 against the order of Additional Judicial First Class Magistrate, Puttur, challenging the forwarding of complaint under Section 156 (3) of the Code of Criminal Procedure (for short 'Cr.P.C.') for investigation, through the order dated 06-02-2006.
(2.) A private complaint has been filed against the petitioner and another person on 06-02-2006 for the offences under Sections, 269, 270, 354, 323 and 506 of the Indian penal Code (for short 'I.P.C.') and under Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 for (short 'the Act'). It is further mentioned that initially a complaint has been lodged with the Station House Officer, Puttur Police Station on 07-12-2005 and though two months have elapsed, the police did not take any action, therefore, the complainant preferred this complaint requesting the Court to take the complaint on file. The learned Magistrate passed the following order: "The accused 1 and 2 alleged to have committed under Sections 278, 354, 323 and 506 I.P.C. and Sections 3 (1) (x) of the Act and the offence was committed within the limits of Puttur Police Station and within the jurisdiction of this Court. Thecomplainant presented the report before the Station House Officer, Puttur Police Station and the police neither registered the case not investigated into. Hence, the present complaint before this Court with a copy of the Report filed before the police. Forwarded to the Officer In-charge of Puttur police Station, under Section 156 (3) Cr.P.C. for investigation and report by 06-03-2006."
(3.) On receipt of the complaint, Puttur police Station registered a Crime No. 19 of 2006 and took up investigation. The petitioner, being aggrieved by the order of the learned Magistrate forwarding the complaint to the Puttur Police Station for investigation and registering of the crime by Puttur Police Station, approached this Court praying to set aside them.;