(Per B.R. Gavai, J.)

1. The State of Maharashtra has approached this Court being aggrieved by the order passed by the learned Judicial Magistrate, First Class, Nagpur in Misc. Criminal Application No. 683 of 2013, dated 30th March, 2013, thereby directing investigation to be conducted as per the provisions of Section 156(3) of the Code of Criminal Procedure on a complaint filed by respondent herein. Since during the pendency of the present application, First Information Report came to be registered by Police Station, Dhantoli Nagpur, the application has been amended so as to raise the challenge to the registration of the said First Information Report. Consequently, the State has also prayed for quashing and setting aside the First Information Report.

2. The facts, in brief, giving rise to the present application arises as under.

The respondent, who is an Officer belonging to I.P.S. Cadre, addressed communication to the Senior Police Inspector, Dhantoli Police Station, Nagpur, contending therein that four Officers of the State Government had committed offence punishable under Section 3(1) (ix) (x) and section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act” ) read with Section 191, 192 and 34 of the Indian Penal Code. The complaint was lodged on 4th March, 2013. On 6th March, 2013 the Senior Police Station Officer, Dhantoli informed the petitioner that, since the matter in the complaint is concerned with the Office of the Director of Police, State of Maharashtra, Mumbai, the same has been forwarded for further inquiry to the Additional Director General of Police, Protection of Civil Rights, Mumbai. It appears that further communication was addressed by the respondent no.1 to the Commissioner of Police Nagpur, Deputy Commissioner of Police (Zone 4) and Assistant Commissioner of Police, Ajni Division, Nagpur stating therein, that the complaint was disclosing commission of cognizable offence and in spite of lapse of 48 hours First Information Report was not registered. A request was, therefore, made to take over the investigation and direct registration of offence for congnizable offence. Since the First Information Report was not registered, the respondent no.1 made an application before the learned Judicial Magistrate, First Class, Nagpur for directing the Police Station Officer, Dhantoli, Nagpur to conduct investigation under Section 156 (3) of the Code of Criminal Procedure. In the said complaint, learned Judicial Magistrate, First Class, Nagpur passed the following order on 30th March, 2013.

“Order

Heard complainant personally as well as his counsel at length. The offences so levelled are in respect of giving false information regarding complainant to other public servant, insulting and humiliating treatment, willful negligence to perform necessary duties by a person other than SC or Tribe, in respect of such SC, ST Person. On perusal of the record it reveals that it discloses the commission of cognizable offences. It requires the assistance of investigation machinery to investigate present alleged crime. Hence, I hereby direct that the investigation be conducted as per section 156 (3) of Cr.P.C. by the officer not below the rank of Dy. S.P. of said Zone or concerned Police Station.”

3. Being aggrieved thereby, the State has approached this Court for invoking extra ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure. Subsequently, since the First Information Report is also registered by Dhantoli Police Station, the application has been amended and the prayer for quashing the same has also been made.

4. Heard Shri D.J.Khambata, learned Advocate General for the petitioner and Shri R.R.Vyas, learned counsel for respondent.

5. Shri D.J.Khambata, learned Advocate General appearing on behalf of the State, submits that even if the allegations made in the complaint are taken to be true at its face v