The informant has the right to be heard by the Magistrate before the Magistrate takes cognizance of the police report.

( 2 ) THIS appeal has arisen from the order in Writ Petition No. 1011 of 1996 directing, inter alia, the Station House Officer, Shamsheergunj Police Station, to transmit all the papers relating to Crime No. 11 of 1994 to the C. B. C. I. D. and the concerned Circle Inspector to investigate the case and take necessary action in accordance with law. It is not disputed that the writpetiyioner-respondentno. 1 lodged a complaint with Shamsheergunj Police Station, Hyderabad, that one mohd. Faizuddin -appellantherein purchased 5376sq. Yds. of land and issued as many as 35 cheques amounting to Rs. 17,33,960/ -. On the strength of the cheques, he got from the writ petitioner - respondent sale deeds executed in the name of his nominees on 23-9-1993 and 24-9-1993. When, however, he (the writ petitioner - respondent) presented the cheques for encashment they were bounced as there was no amount of money to the credit of the appellant. Writ petitioner - respondent thus lodged the complaint and the Shamsheergunj police registered Crime No. 11 of 1994. Mainly alleging laxity on the part of the police and seeking accordingly that the matter be investigated by some other agency, the writ petitioner - respondent has come to the Court.

( 3 ) NOTICE before admission was issued in the writ petition. A counter affidavit has been filed and the Investigating Officer-Inspector of Police, shamsheergunj Police Station, has stated therein that the original cheques were not shown to him by the complainant, the xerox copies filed by the complainant were sentby him to the Magistrate scourt along with thef. I. R. and that the writ petitioner-respondent did not even produce any evidence or witnesses to prove the elements of cheating necessary to be proved under Section 420 of the Indian penal Code. Learned single Judge has, however, ordered as follows:"the stand taken in the counter is not convincing. This Court can safely believe that there was a reason for the petitioner to complain about the laxity and favour shown by the concerned police station to the fifth respondent, I cannot enter into the merits of the case as the matter has to be investigated and more so in a criminal case like this but it should be effective and unbiased. In the circumstances, the Station House Officer, shamsheergunjpolicestationisdirected to transmitall the papers relating to Crimeno. il/94 to the C. B. CI. D. Departmentand the concerned Circle inspector shall investigate into the matter and take necessary action in accordance with law. "

( 4 ) A person who is subjected to any offence particularly cheating and criminal breach of trust, is entitled to inform me police and the law enjoins the officer-in-charge of the concerned police station to register the case for investigation. In case the Officer-in-charge of the police station does not act as contemplated under Section 154 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code ), the informant/complainant has the option to send the substance of such information in writing and by post, to the superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, is required either to investigate the case himself or direct an investigation to be made by any police officer subordinate to him. Except in cases which are non-cognizable, the officer-in-charge of the police station has no option and he is required to report of the progress in the investigation and finally to submit the report as contemplated under Section 173 (2) of the Code.

( 5 ) APART from the directions which the Magistrate can issue under Sec. 156 (3) of the Code, he, even before cognizance of offence as contemplated under section 190 of the Code, can receive complaint from the informant/ complainant and such complaint by him may be one as contemplated under section 200 of the Code or only by way of a protest to the investigation by the police.

( 6 ) IN Abbinandan Jha vs. Dinesh Mi