JUDGMENT : 1. Heard on admission. 2. Learned counsel for the petitioner would submit that the petitioner is the Investigating Officer against the accused persons therein for offence under Section 420 read with Section 34 of the IPC. He would further submit that in Criminal Case No.45/2020, pending before the Judicial Magistrate First Class, Deobhog, District Gariyaband, learned Magistrate by order dated 16.12.2020 has directed the concerned Superintendent of Police for initiation of departmental inquiry and thereafter initiation of criminal proceedings finding some discrepancy in investigation which is wholly without jurisdiction and without authority of law as the trial has not commenced and no opportunity of hearing was granted by the learned Magistrate to the petitioner and thereafter in compliance of that order the concerned Superintendent of Police has issued notice vide Annexure P/6 dated 04.01.2021 to the Dy. Superintendent of Police, Gariyaband, for compliance of the order of the learned Magistrate to initiate departmental inquiry proceeding, as such, the entire proceeding initiated by learned Magistrate and thereafter by the Superintendent of Police are without jurisdiction and without authority of law. 3. Admit 4. Issue notice to the respondents 5. Learned State counsel accepts notice on behalf of the respondents, therefore, process fee need not be paid. 6. Also issue notice to the respondents on the stay application as above. 7. Learned State counsel prays for and is granted two weeks' time to file reply 8. In the meanwhile, effect and operation of the learned Magistrate's order dated 16.12.2020, directing initiation of departmental inquiry and further registration of complaint against the petitioner as well as order passed by the Superintendent of Police, shall remain stayed. 9. List the matter on 19th February, 2021 for final disposal at motion stage. 10. Certified copy as per rules.