ORDER :

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crl.M.P.No.6397 of 2018, on the file of the learned Judicial Magistrate No.VII, Coimbatore and set aside the order dated 27.05.2019.

This Criminal Original Petition has been filed challenging the Order passed by the learned Judicial Magistrate No.VII, Coimbatore, directing the respondent Police to register an FIR under Section 156(3) of CrPC.

2. The learned counsel for the petitioner submitted that entire procedure followed by the Court below is illegal and against the settled principles of law. The learned counsel submitted that the first respondent initially filed a complaint before the Court below and the Court below took a sworn statement of the first respondent. Thereafter, the Court below ordered for an enquiry under Section 202 of Cr.P.C., and sought for a report from the Police. A report was also filed before the Court below. The Court below thereafter chose to issue directions under Section 156(3) of Cr.P.C., and directed the respondent Police to register an FIR against the accused persons.

3. The learned counsel for the petitioner submitted that Section 156(3) of Cr.P.C., comes into play in the pre-cognizance stage and Section 202 of Cr.P.C., comes into play at the post-cognizance stage. The moment the Court below had chosen to treat the petition as a complaint under Section 200 of Cr.P.C., and had taken the sworn statement of the first respondent and ordered for a report under Section 202 of Cr.P.C., the Court below did not have the jurisdiction to give a direction under Section 156(3) of Cr.P.C. The learned counsel further submitted that pursuant to the orders passed by the Court below, the respondent police have also now registered an FIR in Crime No.9 of 2019.

4. The learned counsel appearing on behalf of the first respondent submitted that the Court below had taken into consideration the report filed by the police and thought it fit that the allegations made out a cognizable offence, and therefore a direction was given to the respondent police to register an FIR, in exercise of its power under Section 156 (3) of Cr.P.C. The learned counsel submitted that the respondent police must be permitted to investigate the case and the same should not be interfered by this Court in exercise of its jurisdiction under Section 482 of CrPC.

5. This Court heard the learned Government Advocate appearing on behalf of the second respondent police.

6. This Court has carefully considered the submissions made on either side and the materials available on record.

7. The procedure that was followed by the Court below is patently illegal, and it goes against the settled principles of law. Power to direct investigation by police under Section 156 (3) of Cr.P.C., is done at the pre-cognizance stage and the enquiry or investigation ordered under Section 202 of Cr.P.C., is done at the post-cognizance stage. Once a Magistrate takes cognizance of the offence, he cannot thereafter order for an investigation under Section 156(3) of Cr.P.C. The law on this issue has been settled by the Hon'ble Supreme Court in Rameshbhai Pandurao Hedau vs. State of Gujarat reported in (2010) 2 MLJ (Crl) 489.

8. It will also be useful to refer to the judgment of the Hon'ble Supreme Court in Mona Panwar Vs. High Court of Judicature of Allahabad through its Registrar and Others reported in (2011) 3 SCC 496, wherein, the Hon'ble Supreme Court had explained the various options that are available to the Magistrate, on receipt of a complaint. In this judgment, the Hon'ble Supreme Court has categorically held that on receipt of a complaint, the Magistrate has the option of directing investigation under Section 156(3) of Cr.P.C., or adopt the course as provided under Section 200 of Cr.P.C. This judgment was further reiterated by a larger Bench in Ram Dev Food Products Private Limited Vs. State of Gujarat reported in (2015) 2 MLJ (Crl) 112.

9. The Court below has completely