Magistrate is not a Post Office = Magistrate, who is dealing with a complaint under Section 190 read with 200 Cr.P.C. has to apply his mind to find out as to whether the complaint makes out a prima facie case or not. Only, in the event, a prima facie case is made out, the complaint can be forwarded to the police for making investigation and to file a final report under Section 173 of the Code. Reasons are required to be spelt out for that satisfaction arrived at by the Magistrate. Perhaps, those reasons need not be very elaborate. Mechanically, no Magistrate can forward the complaints received to the police for investigation. Such measures would result in reducing the Court to that of a mere post office or to that of a sorting office attached to the Railway Mail Service. That is not the purpose which is sought to be achieved by the Code where provision is made for a genuine complainant to approach the competent Court for securing redressal for his grievance, when the police failed to act in the matter. I am, therefore, convinced that the entire exercise is an illegal one and hence, this petition is allowed. Accordingly, this criminal petition is allowed.-2015 Telangana & A.P.msklawreports

Magistrate is not a Post Office = Magistrate, who is dealing with a complaint under Section 190 read with 200 Cr.P.C. has to apply his mind to find out as to whether the complaint makes out a prima facie case or not.  Only, in the event, a prima facie case is made out, the complaint can be forwarded to the police for making investigation and to file a final report under Section 173 of the Code. Reasons are required to be spelt out for that satisfaction arrived at by the Magistrate.  Perhaps, those reasons need not be very elaborate. Mechanically, no Magistrate can forward the complaints received to the police for investigation.  Such measures would result in reducing the Court to that of a mere post office or to that of a sorting office attached to the Railway Mail Service.  That is not the purpose which is sought to be achieved by the Code where provision is made for a genuine complainant to approach the competent Court for securing redressal for his grievance, when the police failed to act in the matter.       I am, therefore, convinced that the entire exercise is an illegal one and hence, this petition is allowed.       Accordingly, this criminal petition is allowed.-2015 Telangana & A.P.msklawreports

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