1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.15787 of 2011 B.Rajkumar ... Petitioner Vs. 1.The Superintendent of Police, Thiruchirappalli District, Thiruchirappalli. 2.The Sub Inspector of Police, Uppiliyapuram Police Station, Thiruchirappalli District. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the second respondent to register a case under Sections 147, 148, 294(b), 336 and 506(ii) I.P.C. on the basis of the complaint filed by the petitioner before the learned Judicial Magistrate, Thuraiyur and investigate the same in accordance with law and pass such further or other orders. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.P.Kandasamy Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the second respondent to register a case under Sections 147, 148, 294(b), 336 and 506 (ii) I.P.C. on the basis of the complaint filed by the petitioner before the learned Judicial Magistrate, Thuraiyur and investigate the same in accordance with law. 2. Heard Mr.D.Shanmugaraja Sethupathi, learned counsel appearing for the petitioner and Mr.P.Kandasamy, learned Government Advocate (Criminal side) appearing for the State. 3. According to the submissions made by the learned counsel appearing for the petitioner, the complaint was presented before the learned Judicial Magistrate, Thuraiyur under Sections 147, 148, 294(b), 336 and 506(ii) I.P.C., after the police did not take any steps on the complaint already given by the petitioner. He would further submit in his argument that the learned Judicial Magistrate, Thuraiyur has passed an order dated 11.10.2011 in D.No.2346, forwarding the said complaint to the second respondent police to register the complaint and to file a report, but however the second respondent has not registered the complaint so far and no investigation has been takenplace. He would therefore request the Court to issue a direction to the second respondent to register teh complaint and to proceed in accordance with law. 4. The learned Government Advocate (Crl.side) would submit in his argument that if an order of the learned Judicial Magistrate, Thuraiyur has been passed directing the second respondent to register the complaint and to proceed with the complaint and file a report on the complaint given by https://hcservices.ecourts.gov.in/hcservices/ 2 the petitioner, suitable direction may be issued against the second respondent police and the second respondent police will abide to the same. 5. Considering the submissions made by both sides, this Court could is inclined to direct the second respondent to register a case on the complaint referred by the learned Judicial Magistrate, Thuraiyur in D.No.2346 dated 11.10.2011. As far as the referal by the learned Judicial Magistrate, Thuraiyur under Section 156(3) Cr.P.C. is concerned, it is a settled law that whenever a complaint has been received by the police from the jurisdictional Judicial Magistrate to register the same under Section 156(3) Cr.P.C., it is the duty of the police to register that complaint and to proceed with investigation and to submit a report before the said Court and to comply with the order passed by the Court. Therefore it has become necessary for this Court to direct the second respondent police to abide the orders passed by the learned Judicial Magistrate, Thuraiyur in D.No.2346 dated 11.10.2011, if so, ordered. 6. With the aforesaid direction, this Petition is ordered. Sd/- Deputy Registrar (Accounts) /True copy/ Assistant Registrar To 1.The Judicial Magistrate, Thuraiyur 2.The Superintendent of Police, Thiruchirappalli District, Thiruchirappalli. 3.The Sub Inspector of Police, Uppiliyapuram Police Station, Thiruchirappalli District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1. CC to Mr.D.Shanmugaraja Sethupathi, Advocate, SR.No. 42596 smn Crl.O.P.(MD)No.15787 of 2011 02.12.2011 TR : 13.12.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/