A.S. OKA, J.

1. The submissions of the learned counsel appearing for the parties were heard on the earlier date and today the Petition is fixed for dictation of judgment. We are dealing with this Petition elaborately as the issues raised in this Petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") arise in many matters.

2. The challenge in this Petition is to the proceedings of a complaint file seeking an action under Sub-Section (3) of section 156 of Code of Criminal Procedure. The complaint was filed by the second respondent before the learned Metropolitan Magistrate, 10th Court at Andheri alleging commission of offence punishable under Sections 452, 465, 466, 468, 471, 420 read with Section 34 of the Indian Penal Code. On the said complaint on 7th October, 2000, the learned Metropolitan Magistrate passed the following order :

"Received. Heard.

Sr. P.I. of Oshiwara is directed to investigate under Section 156(3) Cr.P.C."

3. On the basis of the said order, in the year 2014, the second respondent who was the complainant in the said complaint filed Criminal Writ Petition No.3488 of 2014 in thi