Thomas, J. - (1.) Leave granted.
(2.) A complaint was forwarded by a Magistrate to the police for registering an FIR and for conducting investigation. One of the persons arrayed in the complaint as accused questioned the legality of the above order first in revision before the Sessions Court and then by invoking the inherent powers of the High Court. Both did not succeed. This appeal is by the same person contending that the order of the Magistrate should have been upset in the interest of justice.
(3.) The complaint was filed by the second respondent (Mahesh Patidar) before the Chief Judicial Magistrate, Neemuch (M.P.) on 12-8-1999 alleging that the appellant and his wife Geeta Devi have committed offence under Section 3 of the Prizes Chits and Money Circulation Scheme (Prohibition) Act and under Section 420 of the Indian Penal Code. The Chief Judicial Magistrate passed an order on 18-8-1999 which is extracted below : "The complaint submitted by the complainant has been perused. This complaint has been submitted by the complainant for initiating action against the accused under Section 3 of the Prizes, Chits and Money Circulation Scheme (Prohibition) Act and Section 420 of the IPC. Both the offences are serious, therefore, the case is required to be investigated by the police station, Neemuch Cantt., under Section 156(3), Cr. P. C., therefore, the complaint submitted by the complainant be sent to the In charge, Police Station, Neemuch Cantt. with the direction to register F.I.R. and initiate investigation. The copy of the F.I.R. be sent to this Court immediately." ;