The petitioner herein filed a private complaint on 22-9-1974 in the Court of the Judicial Second Class Magistrate, Vridhachalam against the respondents for offences punishable under Sections 147, 148, 447, 324 and 307 read with Section 149 of the Indian Penal Code alleging that the nine respondents committed the various offences during the luncheon interval on 5-9-1974 in the premises of the petitioner. There is an allegation in the complaint that at 2 p.m. on the same day a complaint was given taken. It is stated that the petitioner himself had been arrested on 5-9-1974 when he went to the police station, evidently on the complaint given to the police by some or all of the respondents and was released on bail only on 18-9-1974. Subsequently, he presented a private complaint on 22-9-1974 as stated above. The learned Judicial Second Class Magistrate forwarded the complaint to Vridhachalam police for investigation and report, under Section 156(3) of the Code of Criminal Procedure, 1973. On the next day, the petitioner filed Criminal Miscellaneous Petition No. 898 of 1974 before the Magistrate questioning the competency of the Magistrate to send the complaint to the police