A private complaint has been preferred by the second respondent as against the petitioners herein, before the Judicial Magistrate, No.VI, Coimbatore, for an offence punishable under section 120(b), 417 and 420 IPC, whereupon, after taking the complaint on file, the learned Magistrate issued a direction under Section 156(3) Cr.P.C. to the first respondent for investigation and, pursuant thereto, enquiry was taken up in CFR No.6131 of 2009 and, seeking to quash the same, the present petition has been preferred.

2. The learned counsel for the petitioners, by submitting that the offences alleged are not made out as the dispute involved is purely civil nature, would point out that, pending enquiry in CFR No.6131 of 2009, the second respondent preferred a petition before this Court in Crl.O.P.No.17440 of 2009 seeking for a direction to register First Information Report and investigate into the complaint forwarded by the learned Magistrate by order dated 10.06.2009; under such circumstances, an FIR need not be registered since the first respondent has already taken up the enquiry.

3. Per contra, the learned Additional Public Prosecutor submits that the enquiry conducted by R-1