The court affirmed that a Magistrate can order police investigations under Section 156(3) CrPC, and the High Court should exercise caution in quashing FIRs unless no offence is disclosed.

ORDER :

The issues involved in the instant petitions are akin and analogues to each other, as such, are being together disposed of hereunder.

1. Before adverting to the issues involved in the petitions a brief background of the case emerging from the record is detailed out hereunder: -

 The Anantnag Cooperative Central Bank (for short the Bank)had let out the premises of first floor of a two storied tin roof building situated at Mehdikadal Anantnag to the United India Insurance Company Anantnag (for short the Insurance Company).

 In the month of June 1998 the Insurance Company filed a suit for permanent injunction against the bank and its officers before the court of Munsiff 1st Class Magistrate, Anantnag praying therein for a decree of permanent injunction for restraining the bank and its employees from causing any interference in the premises taken on rent by the Insurance Company. The said suit came to be decreed on 23.09.2002 by the said court in ex-parte restraining the bank and its employees permanently from causing any interference with the peaceful possession of Insurance Company of the demised premises.

 Somewhere in the month of April, 2018, the bank through its Chief Manager in terms of letter dated 12.04.2018 called upon the Manager of the Insurance Company to shift the holdings of the office to the first floor of another building in the same vicinity temporarily owing to the dilapidated condition of the demised premises, however, prior to the aforesaid communication the bank had filed a suit for eviction against the Insurance Company on 21.07.2017 in the court of Sub Judge Anantnag qua the demised premises which suit came to be rejected by the said court in terms of the order dated 17.03.2018 holding inter-alia that the same fails to disclose a cause of action.

 The Insurance Company through its Branch Incharge Anantnag on 09.07.2018 filed an application before the court of Chief Judicial Magistrate Anantnag in terms of Section 156(3) CrPC seeking therein appropriate orders while alleging in the said application that one Intikhab Hussain Manager of the Bank along with various persons took law in their hands on 30.03.2018 at 10:00 am while entering into the demised premises and caused damage and loss to the same including to the furniture lying in the office besides manhandling the applicant, stating further in the said application that the matter was reported to the SHO Police Station Anantnag for taking legal action who failed to take the same which aggravated the criminal tendency of the accused person who forcibly and illegally demolished the stairs of the first story of the demised premises hampering the working of the office causing pecuniary loss to the Insurance Company inasmuch as also damaged the official records, alleging further in the said application that on account of failure of the SHO Police Station concerned to take action, the matter was reported to the Sr. Superintendent of Police concerned who though assured taking of legal action in the matter, however, did practically nothing compelling the applicant to file the application before the court on 09.07.2018.

 The said application filed before the CJM Anantnag was supported with affidavit whereupon considering the same, CJM Anantnag passed an order dated 03.08.2018 holding that the application discloses commission of cognizable offences by the accused persons as such directed the SHO Police Station Anantnag to register a case and investigate the matter in accordance with law while disposing of the application.

 The said order dated 03.08.2018 is being impugned by the petitioner namely Intikhab Hussain Din, Chief Manager of the bank in CRR No. 40/2018.

 In pursuance of the order dated 03.08.2018 passed by the CJM Anantnag FIR No. 138/2018 came to be registered by Police Station Anantnag against the said Intikhab Hussain which FIR as well has been called in question in the CRMC No. 347/2018.

2. The impugned order dated 03.08.2018 as also the impugned