JUDGMENT :

1. Rule returnable forthwith. Learned APP waives service of Rule for the respondent State and Mr.Gohil, learned counsel waives service of Rule for the respondent No.2.

2. With consent of learned counsel for the respective parties and considering the issue involved in the petition, present petition is taken up for final disposal.

3. By way of this petition under Articles 226 & 227 of the Constitution of India, the petitioners seek to challenge the legality and validity of the impugned order dated 21.08.2021 passed in Criminal Revision Application No.243/2021 by learned 11th Sessions Judge, Surat as well as the impugned order dated 04.08.2021 passed in Criminal Misc. ApplicationNo.672/2021 below Exh:1 by learned 10th Additional Chief-Judicial Magistrate, Surat, whereby, the private complaint filed by respondent No.2 for the offence punishable under the provisions of Indian Penal Code, referred to Assistant Commissioner of Police, Surat, for investigation under Section 156(3) of the Code of Criminal Procedure (‘the Code’ for short).

4. Question of law sought to be raised in this petition is as to whether an order directing investigation under Section 156(3) can be passed in rel