The complainant in M.P. No. 8037 of 2004 on the file of Chief Judicial Magistrate, Ernakulam is the petitioner. This writ petition is filed challenging an order passed by the learned Chief Judicial Magistrate by which it was decided to conduct an enquiry under Section 202 of the Code of Criminal Procedure on the complaint filed by the petitioner.

2. The petitioner is one of the Directors of M/s. Sujith Enterprises Pvt. Ltd. and Managing Director of Kalliyara Estates (Pvt.) Ltd. and Vasco Metals and Steels Pvt. Ltd. He is also stated to be the Managing Partner of G.P. Nair Plantations. It is averred that 41.5 cents of land in Survey No.602/1 of Ernakulam Village along with a building standing thereon belongs to M/s. Sujith enterprises Pvt. Ltd. 11 rooms in this building are rented out to various persons and the remaining rooms are occupied by M/s. Sujith Enterprises Pvt. Ltd. It is averred that rooms 1 to 5 are occupied by G.P. Nair Plantations, 6 to 14 by Kalliyara Estates Pvt. Ltd., 15 to 21 by K.K. Bhuvanadas Enterprises and 22 to 29 are let out to one V.R. Balakrishnan. It is averred that V.R. Balakrishnan sublet the rooms to Vasco Metals and Steels Pvt. Ltd. with the permission of the petitioner. It is averred that at about 10.00 P.M. on 11.11.2004, the respondents 1 to 6 along with a group of hired goondas, numbering around 100, broke open the lock of the gate, trespassed into the property, broke open the door of the rooms and removed all the furniture. It is also alleged that they demolished the building by using an Earth mover bearing registration No.KL-07/T. 8483. It is also alleged that the records were destroyed and furniture, the value of which will come to more than Rupees One lakh, were taken away. It is averred that the total loss caused to the petitioner will come to Rs.75 lakhs. It is also averred that immediately the petitioner telephoned to the Police control Room and Central Police Station. But, the police did not take any action. Therefore, the petitioner filed a private complaint before the Chief Judicial Magistrate Ernakulam. It is averred that the Chief Judicial Magistrate refused to receive the complaint and asked the Advocate to present the complaint before the Judicial First class Magistrate – II, Ernakulam. Accordingly the complaint was presented before the Judicial First Class Magistrate – II, Ernakulam. The J.F.C.M. also refused to accept the complaint stating that it has to be filed before the chief Judicial Magistrate as the place of occurrence is within the jurisdiction of Central Police Station. It is averred that the petitioner approached this Court for a direction to proceed with the petition in accordance with law by filing W.P.(C). 34106 of 2004. This Court directed the Chief Judicial Magistrate, Ernakulam to receive the complaint and proceed in accordance with law. It is averred that accordingly the petitioner again presented the very same complaint before the learned Chief Judicial Magistrate and the learned chief Judicial Magistrate expressed the opinion of the Court that the Court is inclined to post the case for Section 202 enquiry and insisted for the examination of the complainant. It is averred that the counsel appearing for the complainant made a request to the Court to refer the matter to the Station House Officer concerned under Section 156(3) of the Code of Criminal Procedure. It is also averred that the learned counsel requested the Court not to discuss the merits or demerits of the case. But, the court expressed its opinion that it is inclined to exercise the second option of conducting an enquiry under Section 202. It is averred that the approach made by the learned chief Judicial Magistrate is not legal because the Court is insisting enquiry under Section 202 of the Code of Criminal Procedure in a matter where the petitioner seeks a relief of reference under Section 156(3) of the Code of Criminal Procedure. Therefore, the petitioner seeks to quash Exhibit P3 order