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Judgment
Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2.
The order passed by the Trial Court is only referring the matter under Section 156(3) of Cr.P.C. and while passing such an order, the Trial Court even looked into contents of the complaint.
Though learned High Court Government Pleader for respondent No.1 brought to notice of this Court specific allegations are made in PCR No.144/2018 in paragraph No.7, while passing an order under Section 156(3) of Cr.P.C., the Trial Court even not looked into contents of the complaint. On filing of the complaint, order is passed and case is referred to the PSI under Section 156(3) of Cr.P.C. Though, it is a pre-cognizance order, when the complaint was filed, the learned Magistrate has to look into the contents of the complaint, whether it is a case for referring the matter under Section 156(3) of Cr.P.C., no such order is passed and the quashing of the order is also sought before this Court is also that learned Magistrate did not apply his mind while referring the matter and even did not look into the contents of the complaint.
When such being the case, the criminal petition is allowed and the order passed by the Trial Court dated 11.06.2018 is set aside and matter is remitted back to the Trial Court to consider the matter afresh and look into contents of the complaint and pass appropriate orders.