- (1.)HEARD Sri Ravi B. Naik, learned Counsel appearing for, Petitioners and Sri C. V. Nagesh, learned Counsel appearing for
(2.)THE respondent herein being a reputed agriculturist had entered into an agreement with the petitioners who are the directors of M/s. Nath Seeds situated at Aurangabad for supply of tomato seeds on the representation that tomato seeds supplied by them are of good variety and yield good crop to the farmers, etc. On the basis of the representation, the respondent purchased seeds and entered into an agreement with the petitioners. As per the request of the petitioners, the respondent identified the lands and negotiated with the farmers for the purpose of growing the tomato seeds to the extent of 171 acres of land. Accordingly, the petitioners supplied the seeds to the respondent and in turn, the respondent supplied those seeds to the growers. Though the plants came up very well to the satisfaction of the concerned, that there was no yielding from those plants, as a result of which the farmers suffered heavy loss in their crop. Therefore, the respondent approached the petitioners demanding a sum of Rs. 15,00,000/- towards damage caused to the farmers. However, ultimately the matter was settled for Rs. 8,00,000/- which the petitioners agreed to pay, but failed to honour their commitment. Therefore, the farmers forcibly entered the house of the respondent and demanded compensation of Rs. 15 lakhs. However, the petitioners have not settled the matter till this date. The farmers are now demanding compensation of Rs. 10,000/- per acre from the complainant which amounts to Rs. 17,40,000/ -. Therefore, the complainant had brought this fact to the notice of the petitioners. On request of the petitioners, the complainant also by Fax dated 1-12-2000 sent a detailed statement of account, according to which the petitioners are liable to pay a total sum of Rs. 28,52,464/ -. In spite of all these, the petitioners have failed to settle the matter, as a resulf of which the respondent claims that they have committed the offence punishable under Sections 406, 420 r/w Sec. 34 of I. P. C. Therefore, the respondent filed a complaint under Section 200, Cr. P. C. before the IV Addl. C. M. M. at Bangalore which came to be registered as PCR No. 799/2001. The operative portion of the prayer reads thus :
"wherefore, the complainant prays that this Hon'ble Court may be pleased to refer the above case under Section 156 (3) of the Cr. P. C. to the Assistant Commissioner, Ulsoor Gate Police Station, Bangalore, for investigation of the offence punishable under Sections 406 and 420 r/w Sec. 34 of I. P. C. against the accused persons in the interest of justice and equity".

(3.)ON receipt of this complaint, the Court on 24-12-2000 passed the following order :
"perused the complaint and documents. The matter involves serious question to be investigated upon. Hence register the case as P. C. R. Refer it to S. H. O. , Ashok Nagar Police Station for investigation and submit their report".
This order is questioned in this petition under Section 482, Cr. P. C. by the accused persons.