- (1.) Charan Singh and others have filed this petition under Section 482 of the Code of criminal Procedure (hereinafter referred to as the 'Code') for quashing the order dated 8-7-1992 passed by the Judicial Magistrate I Class, Tohana and for quashing the F.I.R. No. 263 dated 9-7-1992, registered at Police Station, Tohana under Sections 447/ 448/ 392/ 406/323 and 506 of the Indian Penal Code.
(2.) Briefly stated the facts of the case are that Jaswinder Singh respondent No. 2 filed a criminal complaint against the petitioners on 27-5-1992 on which the Magistrate passed an order that the complaint be sent to the Station House Officer, Police Station, Tohana, for investigation under Section 156(3) of the Code of Criminal Procedure and that the report of the Station House Officer, Tohana, be called for 11-6-1992. The Station House Officer, Tohana conducted an inquiry into the matter and submitted his inquiry report on 2-7-1992. The learned Magistrate, on the basis of report submitted by the Station House Officer, Tohana, passed the impugned order dated 8-7-1992, which reads as under :- "Present : - Complaintant with Sh. P. K. Dhamija, Advocate. The present complaint was sent to SHO concerned for investigation u/s.156(3), Cr. P. C. SHO concerned has also submitted his report dated 2-7-92. On perusing his report, there appear, to be a prima facie case in favour of complainant and, thereforce, SHO concerned is directed to register a case against the accused under relevant sections of offence. The intimation about registration of the case against the accused be sent to this Court immediately and accused along with challan. Original complaint along with relevant proceedings, taken by SHO concerned during investigation is sent back to this Court." In compliance with the order passed by the Magistrate, a case against the petitioners was registered, as indicated above.
(3.) It has been alleged in the petition by the petitioners that the learned Magistrate had no power to direct the Station House Officer, Police Station, Tohana to register a case against the petitioners and therefore, the impugned order passed by the learned Magistrate is liable to be quashed.;