V. ESWARAIAH, J. ( 1 ) THE petitioner filed this Writ petition to issue a writ of mandamus to declare the FIR registered in Crime No. 198 2001 dated 23-5-2001 on the file of the station House Officer, P. S. , Narayanguda, hyderabad, as arbitrary and illegal. ( 2 ) THE 3rd respondent, who is the Inspector of Task Force, East Zone, hyderabad City, filed a complaint on 23-5-2001 before the Station House Officer, p. S. Narayanguda, Hyderabad - 2nd respondent herein and based on the said complaint, a FIR No. 198/2001 has been registered on 23-5-2001 under Section 420 of Indian Penal Code and Sections 3, 4 and 5 of Drugs and Magic Remedies Act, 1954, schedule "j" of Drugs and Homeopathic medical Practice Registration Act, Section 15 of Medical Council of India Act, 1956, sections 20 and 22 of A. P. Medical Council act, 1968. ( 3 ) THE complaint made by the 3rd respondent before the 2nd respondent reads as follows: "to Hyderabad. The Station House Officer, Dated 23-5-2001 p. S. Narayanguda, hyderabad. Sir, it is putforth that today i. e. , on 23-5-2001 at 1600 hrs while I was at Task Force Office begumpet Hyderabad, I had received an english typed complaint lodged by dr. Sri C. L. Venkat Rao, Member of Medical council of India addressed to Additional commissioner of Police, with the endorsement of Additional C. P. Hyderabad and Additional DCP Task Force Nande Zone to the effect that one Mr. Raja Ram is exhibiting a bogus Degree M. D. (E. H) and he has established London Hair Care Institute at Flat No. 104 Block c Mathrushree apartments Hyderguda and also a Clinic at vijayawada, Vizag, Kakinada and Guntur. He is giving advertisement in the Newspapers stating that he will effect solac Micro therapy for regrowth of hair to bald-head people and charging Rs. 10,000/- to Rs. 25,000/- per patient giving a false hope and requested for necessary action against him. Based on the above complaint, as per the instructions of the Superior Officer, secured the presence of two mediators namely (1) m. Durga Rao S/o. Late Nancharaiah 38 years, R/o. S. R. K. Hari, Nagar, Zamisthanpur (2) C. Chandrakant @ Shiva S/o. Shankar 35 years R/o. Harinagar and drafted search proceedings under Section 165 Cr. Based on the above complaint, as per the instructions of the Superior Officer, secured the presence of two mediators namely (1) m. Durga Rao S/o. Late Nancharaiah 38 years, R/o. S. R. K. Hari, Nagar, Zamisthanpur (2) C. Chandrakant @ Shiva S/o. Shankar 35 years R/o. Harinagar and drafted search proceedings under Section 165 Cr. P. C and proceeded to the spot along with the panchas and East Zone Task Force Team by informing the Additional Director dr. Jayalaxmi of Indian Medical Dept. To depute one of their Drug Inspector to assist in the raid to the spot. I have raided london Hair Care Institute at Mathrushree apartments and apprehended the accused reddy Ram Mohan Rao @ Raja Ram @ dr. R. R. Rao S/o. R. Krishna Murthy age 45 years. Occ: Doctor and Prop of London hair Care institute R/o. Flat No. 104 Block c Mathrusrce Apartments, Hyderguda n/o Narayanapuram (V), Tadepalligudem (M) West Godavari District at 1730 hrs and seized Xerox copy of M. D (E. H) Degree certificate issued by Council of Electro homeopathy System of Medicines (unrecognized Institute) along with Registers containing Accounts particulars of patients etc. , face lifting, spot light machines, ayurvedic, Homeopathic and Antika herbal Oil etc. , visiting cards letters heads, vibrator stamps etc from the possession of the accused under a cover of confessional-cum-seizure panchanama. The Drug Inspector - Sri M. Ramesh Kumar who accompanied in the raid opined that the accused holds M. D (E. H) Degree of an unrecognized Institution and is not entitled to practice as a Doctor without registering in any Medical Board or Council of the State or Central Govt. He is practising as Doctor without any valid Degree and prescribing medicines to the patients. On enquiry it has come to light that the accused wanted to become a Doctor while supplying medicines to Hospitals and joined b. E (Bachelor of Electro Medicine System) a three years course in an unrecognized institute named as "bakshi Electro Homeo medical Cell Karkhana Sec bad in the year 1992. After completing BEMS he joined m. D. (Electro-Homeopathy) in the same institute and completed the same in the year 1996. The above Institute was run by one mr. Bakshi and two cases were registered against him at Karkhana P. S. for running a bogus Institute without legal sanction from the Government in the year 1997-98. After completing BEMS he joined m. D. (Electro-Homeopathy) in the same institute and completed the same in the year 1996. The above Institute was run by one mr. Bakshi and two cases were registered against him at Karkhana P. S. for running a bogus Institute without legal sanction from the Government in the year 1997-98. The said Bakshi himself is awarding the Degree without any sanctity from the Government or any Medical Board/university knowing fully well the accused Raja Ram put up medical Practice as Doctor without registering his name in any Medical Board or Council of the State or Central government. About 1 1/2 years back he started London Hair Care Institute at mathrushree Apartments Hyderguda, vijayawada, Vizag, Kakinada and Guntur claiming himself as a Doctor with M. D. (E. H.) degree and also gave advertisements in the newspaper Swathi Telugu Weekly and gemini T. V. stating that he will offer "solac micro Therapy" for regrowth of hair to bald head people and treatment of dandruff, pigmentation, skin care etc. , charging rs. 10,000/- to Rs. 25,000/- per patient giving a false hope. He prescribed Allopathy, homeopathy and Ayurvedic medicines to his patients and recently started r. E. H. Medical College at Vijayawada and acting as Principal. He also started answering the questionnaires of patients through hair care - skin care column in Swathi Telugu weekly, Magazine and also in Gemini T. V. The families in the State and attracting many people to his clinic and making easy money by taking undue advantage of the clients innocence. Recently about 10 days back he has been arrested in a cheating case VII town Police Vijayawada. As per the items seized from the possession of the accused it clearly establishes that the accused without any valid medical degree is practising as a doctor, without registering his name in any medical Board and Prescribing Medicines at his will. The arrested accused Reddy Ram Mohan rao along with the seized property is produced before the S. H. O. , Narayanguda p. S. for taking necessary action also section 420 of Indian Penal Code and sections 3,4 and 5 of Drugs and Magic remedies Act, 1954, Schedule "j" of Drugs and Homeopathic Medical Practice Registration act, Section 15 of Medical Council of India act, 1956, Sections 20 and 22 of A. P. Medical council Act, 1968 and take up further investigation. Yours faithfully sd/-23/5 (ITVS Suryanarayana) inspector of Police Task Force, East Zone encl : (1) Original complaint of Dr. C. L. Venkat Rao (2) Search proceedings (3) Confession of the accused (4) Seized property" ( 4 ) THE learned Counsel for the petitioner submits that based on the complaint filed by the 3rd respondent addressed to the Additional Commissioner of Police, the 3rd respondent even before registering any fir for making an investigation into the alleged offence said to have been committed by the petitioner, conducted a search under section 165 Code of Criminal Procedure and seized certain documents and property of the petitioner and recorded the confessional statement of the petitioner and arrested the petitioner and produced before the 2nd respondent along with the property for taking necessary further action for the offence said to have been committed under the aforesaid sections and for further investigation. The learned Counsel for the petitioner submits that the investigation made by the complainant without registering the fir and search made by him without obtaining any search warrant and without registering any FIR on the complaint made by the 4th respondent is illegal, arbitrary and unsustainable. ( 5 ) UNDER Section 4 of the Criminal Procedure Code all the offences under ipc shall be investigated and enquired into in accordance with the provisions contained in the Criminal Procedure Code. If there is any other law authorizes that as to investigate or enquire into, it may be done in accordance with the other law other than the Criminal procedure Code. ( 6 ) HERE is a case where the 3rd respondent, on the complaint made by the 4th respondent, without registering the same conducted search proceedings, seized certain property of the petitioner, arrested and produced along with the complaint made by him on 23-5-2001 before the 2nd respondent. The question that arises as to whether the action of the 3rd respondent is valid or not and as to whether the said FIR registered based on the complaint filed by the 3rd respondent can be quashed. ( 7 ) UNDER Section 154 Cr. PC. , every cognizable case must be entered in the book kept by such police officer and on such registering the FIR under Section 154 Cr. PC. , an investigation shall be taken up. Under section 157 Cr. PC. ( 7 ) UNDER Section 154 Cr. PC. , every cognizable case must be entered in the book kept by such police officer and on such registering the FIR under Section 154 Cr. PC. , an investigation shall be taken up. Under section 157 Cr. PC. , on the said information received, the police officer is empowered under Section 156 to investigate and the said FIR shall be sent to the Magistrate empowered to take cognizance of the offence. ( 8 ) IN the instant case, even without registering the FIR, based on the complaint made by the 4th respondent, the 3rd respondent investigated into the offence, conducted search proceedings, arrested the petitioner and produced before the 2nd respondent. That part of the action of the 3rd respondent is illegal and contrary to law. As far as the making the complaint by the 3rd respondent before the 2nd respondent is concerned, it cannot be said that the said complaint is not maintainable. Any private citizen or a police officer is entitled to make a complaint against the accused. The 3rd respondent is entitled to file the said complaint, the 2nd respondent rightly registered the FIR and taken up the case for investigation. However, the 2nd respondent cannot take into account the investigation made by the 3rd respondent into consideration, but the 2nd respondent independently shall make an investigation into the said complaint on his own. The investigation must be done based on the allegations made against the petitioner but he cannot continue further investigation taking into account the investigation already made by the 3rd respondent in the said complaint. The said complaint made by the 3rd respondent cannot be treated as part of the investigation but it shall be taken into account as a FIR only. ( 9 ) ACCORDINGLY, the Writ Petition is disposed of directing the 2nd respondent to investigate into the matter afresh without taking into consideration the investigation made by the 3rd respondent. There shall be no order as to costs.