V.K. Mohanan, J.

1. The petitioner, who is the first accused in Crime No.664 of 2014 of Sulthan Bathery Police Station, has preferred the above Crl.M.C. under Section 482 of the Cr.P.C. A recital of the prayers in the above Crl.M.C. is absolutely necessary to indicate its legal bearing and implication and accordingly, the same are as follows:-

i. to declare that the order passed by the Judicial First Class Magistrate Court-I, Sulthan Bathery in Annexure A private complaint (CMP 4641/2014) for investigation under Section 156 (3) of the Cr.P.C., without complying the procedure under Section 202 of Cr.P.C. is null and void;

ii. to issue any appropriate, order or direction to respondent No.1 for remitting Annexure A private complaint to the Judicial First Class Magistrate Court-I, Sulthan Bathery for the compliance of procedure of examination of complainant and his witnesses as per Section 202 of the Cr.P.C.

iii. to quash the First Investigation Report in Crime No.664/2014 of Sulthan Bathery Police Station, Wayanad District.

iv. to issue an appropriate order or direction to the Judicial First Class Magistrate Court-I, Sulthan Bathery to pass fresh orders upon Annexure A complaint CMP No.4641/2014 in compliance with the procedure laid down in Section 202 of the Cr.P.C. within the time limit that may be fixed by this Court;

v. to stay all further proceedings in Crime No.664/2014 of Sulthan Bathery Police Station, Wayanad District pending the final disposal of Crl.M.C.

2. The above crime was registered in the Sulthan Bathery Police Station, on receipt of a complaint i.e., CMP No.4641 of 2014 which was sent from the Judicial First Class Magistrate Court-I, Sulthan Bathery under Section 156(3) of the Code of Criminal Procedure (for short 'the Cr.P.C.') for investigation, which was filed by the second respondent herein. Accordingly, the said crime was registered for the offences punishable under Sections 341,376,506 and 34 of the Indian Penal Code and Section 66E of the Information Technology Act.

3. The crux of the allegation is that on 9.12.2012, the de facto complainant, who was working as an agent of Life India Children's Birthday Fund was made believe by the accused two in numbers that they are ready to spend Rs.50,000/-for taking policy of Life India Children's Birthday Fund and thus, while they were coming together to Bathery, after about 15.00 hrs., at Bathery Beenachi, the accused Nos.1 and 2 committed rape on the de facto complainant and they took obscene pictures of the de facto complainant in their mobile phone and threatened her that if the incident was disclosed to anybody, she would be finished off. Thus, according to the de facto compliant, the accused two in numbers of which the petitioner is the first accused, have committed the aforesaid offences. On registering the above crime, the Police machinery set in motion. It is at this stage, the petitioner has preferred the above Crl.M.C. with the above referred prayers.

4. Heard Sri.Sudhish.R., the learned counsel appearing for the petitioner and Smt. Bindu Gopinath, the learned Public Prosecutor for the State.

5. Learned counsel for the petitioner vehemently submitted that the learned Magistrate committed a procedural illegality in sending Annexure A complaint to the Police Station under Section 156(3) of the Cr.P.C. without conducting an inquiry under Section 202 of the Cr.P.C. Thus, it is the contention of the learned counsel for the petitioner that when the learned Magistrate received Annexure A complaint, it was incumbent upon him, by virtue of Section 202 (1), to direct an investigation to be made by a Police Officer or by such other person as he thinks fit, considering the fact that the accused in the present case are residing beyond the territorial jurisdiction of the Judicial First Class Magistrate Court, Sulthan Bathery, particularly in view of the amendment brought to sub-section(1) of Section 202 of the Cr.P.C. as per the Code of Criminal Procedure(Amend