1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2011 CORAM: THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.12895 of 2011 S.Saravanakumar ... Petitioner Vs. 1.Vaikundarajan 2.Chandresan 3.Jegadeesan 4.The Inspector of Police, Thisaiyanvilai Police Station Thisaiyanvilai, Tirunelveli District. 5.The Deputy Superintendent of Police, District Crime Branch, Tiruneveli District. ... Respondents PRAYER: The Civil Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the docket order passed in unnumbered Cr.M.P.No. Of 2011 on the file of the learned Judicial Magistrate No.I, Tirunelveli dated 16.09.2011 and set aside the same. For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.Jeganathan for R1 Mr.Meenakshi Sundaram for R3 Mr.K.V.Rajendran, for R4 to R5 Government Advocate, O R D E R This petition has been filed challenging the order of the learned Judicial Magistrate No.1, Tirunelveli, by which, the petition filed by the petitioner under Section 156(3) of Cr.P.C. has been returned. 2.When the petitioner has sought to invoke the provisions under Section 156(3) of Cr.P.C. the duty is imposed on the learned Judicial Magistrate to number the same and then decide based on the relevant records. Unfortunately, the present case on hand, the learned Judicial Magistrate returned the papers and while returning the same has also made certain remarks, which is uncalled for. 3.The learned counsel for the petitioner has relied upon a judgment of this Court in Crl.O.P.(MD)No.7103 of 2010 dated 24.09.2010. 4.As held by this Court in the judgment referred supra, the procedure adopted by the learned Judicial Magistrate while dealing with the application under Section 156 Cr.P.C. in dismissing the petition without even numbering is not correct. 5.In such view of the matter, without going into the merits of the application filed, the order of the learned Judicial Magistrate is hereby set aside and the learned Judicial Magistrate is directed to number the https://hcservices.ecourts.gov.in/hcservices/ 2 application filed by the petitioner seeking to invoke the provision under Section 156(3) of Cr.P.C. on merits and in accordance with law. 6.It is made clear that it is open to the learned Judicial Magistrate to decide the application filed by the petitioner after numbering the same by going through the relevant documents on its own merits. The Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1. The Inspector of Police, Thisaiyanvilai Police Station Thisaiyanvilai, Tirunelveli District. 2. The Deputy Superintendent of Police, District Crime Branch, Tiruneveli District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High court, Madurai +1cc to M/s.S.Meenakshi Sundaram, Advocate, SR.No.34467 +1cc to Mr.K.Jeganathan, Advocate,Sr.No.34237 +1cc to M/s.T.A.Ebenezer, Advocate, SR.No.34062 nbj GH : 20.10.2011 : 2p/7c Crl.O.P.(MD)No.12895 of 2011 29.09.2011 https://hcservices.ecourts.gov.in/hcservices/