Whether a Magistrate is bound to send a notice to an informant while considering the final report submitted by the Police under Section 173 (2) of the Code of Criminal Procedure in spite of the fact that informant appeared before the court at the time of consideration? Whether a Magistrate is competent to proceed with the original private complaint, when a final report is filed by the Police under Section 173 (2) after an investigation as directed by the Magistrate under Section 156 (3) of the Code of Criminal Procedure in the private complaint? Whether a private complaint is maintainable once a final report under Section 173 (2) is submitted by the Police. These are the important question of general importance to be decided in this case.

2. The factual matrix of the case relevant for a proper understanding of the question in brief is as follows:- First respondent filed C.M.P.2163/02 before Judicial First Class Magistrate, Kozhikode against the revision petitioner contending that petitioner committed the offences under Sections 420, 506 (1) of I.P.C. The allegation in the complaint was that petitioner induced first respondent to join his partnership business at Shaija an