R. M. S. KHANDEPARKAR. J. :- Heard the learned APP. None present for the respondent though duly served.

2. By the present petition. the petitioner is seeking to quash and to set aside the order passed by the Additional Sessions Judge. Mumbai in Criminal Revision Application No. 83 of 2002 on 4th September. 2002 whereby the Additional Sessions Judge has set aside the order dated 18th December. 2001 passed by the Metropolitan Magistrate. Mumbai in Case No. 55/Misc/2001. The contention of the petitioner is that the Magistrate exercising its power under Section 156 (3) of Criminal Procedure Code cannot direct the State cm to conduct the investigation. and the powers of the Magistrate can be exercised to direct the police officer attached to the Police Station situated within the territorial jurisdiction of the concerned magistrate.

3. Placing reliance on the decision of the learned single Judge of Karnataka High Court in Narsimhaiah v. State of Karnataka and another, reported in 2002 Cri LJ 4795, the learned APP has stated that the Magistrate's power to issue directions to the police authorities to conduct the investigation are in terms of the provisions of law comprised undet: S