This M.C. is filed by the 1st accused in Crime No. 202/99 registered by the Palode Police alleging offence punishable under Section 494 r/w Section 34 of I.P.C. to quash the entire proceedings initiated against him.

2. The 1st respondent filed a complaint before the Judicial First Class Magistrate's Court, I, Nedumangad alleging offence punishable under Section 494 r/w Section 34 of I.P.C. against the accused. The learned Magistrate took the complaint to file as C.M.P. No. 6282/99 and forward the same to the S.I. of Police, Palode for investigation and report under section 156(3) of the Cr.P.C. Accordingly, the Palode Police registered the above crime alleging offence punishable under section 494 r/w Section 34 of I.P.C. and commenced investigation,

3. The petitioner has contended that the course adopted by the learned Magistrate in this case Is illegal and violating the provisions of Section 198(1) of the Cr.P.C. According to him, the learned Magistrate has no authority to forward the complaint alleging offence punishable under Section 494 of I.P.C. to the police for investigation and report under Section 156(3) of the Cr.P.C. and the police has no power to registrar the