Honble GARG, J.–This misc. petition under Section 482 Cr.P.C. has been filed by the complainant-petitioner against the order dated 13.9.2001 passed by the learned Judicial Magistrate, First Class, Sri Ganganagar by which he instead of forwarding the complaint for investigation to the police under Section 156(3) Cr.P.C., has himself proceeded to post the matter for enquiry under Sections 200 and 202 Cr.P.C.

(2). It arises in the following circumstances:-

A complaint was filed by the petitioner-complainant on 11.9.2001 before the Court of Judicial Magistrate, First Class, Sri Ganganagar against Radhey Shyam and Sub-Registrar, Sri Ganganagar stating inter-alia that the accused persons mentioned in the complaint have committed the offences punishable under Sections 420, 463, 464, 465, 467, 468, 471 and 120-B IPC.

On that complaint, the learned Judicial Magistrate, First Class Sri Ganganagar heard the counsel for the complainant- petitioner on 12.9.2001 and reserved the order and passed the order on 13.9.2001 by which he instead of sending the complaint under Section 156(3) Cr.P.C. to the police for investigation, he himself took cognizance on that complaint and put up the complaint on 5.10.2001 for recording the statements of the complainant and his witnesses under Sections 200, 202 Cr.P.C.

Aggrieved from the said order dated 13.9.2001 passed by the learned Judicial Magistrate, First Class, Sri Ganganagar, the complainant-petitioner has filed this misc. petition under Section 482 Cr.P.C.

(3). In this petition, the learned counsel for the petitioner- complainant has raised the following two submissions :-

(1) That once the complaint was filed before the learned Magistrate and if there was a request on behalf of the counsel for the complainant that the complaint be sent to the police for investigation under Section 156(3) Cr.P.C., then the learned Magistrate was bound to send the complaint to the police under Section 156(3) Cr.P.C. for investigation and keeping the complaint with himself for recording statements of the complainant and his witnesses under sections 200, 202 Cr.P.C. is illegal and that impugned order on this point should be set aside.

(2) That since before the filing of the complaint in the Court of Judicial Magistrate, First Class, Sri Ganganagar, an FIR was also lodged before the SHO, Jawaharnagar, Sri Ganganagar by the petitioner-complainant, but that FIR was returned to the complainant-petitioner by the SHO, Police Station Jawaharnagar, Sri Ganganagar stating that the facts narrated in the FIR did not make out any cognizable offence and, therefore, the order of the SHO, Jawaharnagar, Sri Ganganagar returning the FIR is illegal and without jurisdiction.

(4). I have heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the material available on record.

(5). For convenience, Section 156(3) Cr.P.C. is being quoted here:-

``156. Police officers power to investigate cognizable case.

(1). . . . . . .

(2). . . . . . .

(3) Any Magistrate empowered under Section 190 may order such an investigation as above-mentioned.

(6). Thus, under Section 156(3) Cr.P.C. Magistrate may order investigation to the police.

(7). In my considered opinion, if any complaint is filed before the Magistrate, he has two options:-

(i) either he may himself proceed with the complaint and record statements of the complainant and his witnesses under sections 200 & 202 Cr.P.C.

or

(ii) he may send the complaint straightway to police for investigation under Sec. 156(3) Cr.P.C.

(8). In the present case, the learned Judicial Magistrate, First Class, Sri Ganganagar has adopted the first mode and he kept the complaint with himself and directed the complainant to produce his witnesses for recording statements under Sections 200 & 202 Cr.P.C. Once the learned Judicial Magistrate has kept the complaint with himself and ordered that statements of the complainant and his witnesses be recorded under Sections 200 & 202 Cr.P.C., he cannot sent the

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