ORDER :

1. The petitioner, who is arrayed as an accused in Crime No. 245 of 2022 of Ayiroor Police Station, Thiruvananthapuram, filed this Crl. M.C. to quash the proceedings in Annexure-B FIR.

2. Annexure-B FIR was registered on the basis of a private complaint preferred by the 3rd respondent herein before JFCM-I, Varkala, which was forwarded to SHO of Ayiroor Police Station for investigation and report under Section 156(3) of Cr.P.C. The petitioner would submit that, the transaction involved is purely civil in nature, and so, criminal prosecution will not lie based on that complaint. So, his prayer is to quash Annexure-B FIR, and the proceedings pursuant thereto.

3. Heard learned counsel for the petitioner and learned Senior Counsel appearing for the 3rd respondent.

4. The short and interesting question to be answered in this case is, can a person who was arrayed as an accused in a crime registered on the basis of a complaint forwarded from Magistrate Court under Section 156(3) of Cr.P.C. can challenge the investigation process initiated by Police, even before collecting details as to the commission of the offence alleged, and before charging him for a cognizable offence.

5. Section 15