1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.15552 of 2011 V.Balakrishnan ... Petitioner -Vs-. 1.State rep. by The Inspector of Police, Kudal Nagar Police Station, Madurai. 2.The Superintendent of Police, Madurai District. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the 1st respondent to register the case on the basis of order passed by the Judicial Magistrate No.IV, Madurai in Crl.M.P.No.4767 of 2011, by order dated 09.09.2011 as per 156(3) Cr.P.C. and to file a report before the Court. For Petitioner :: Mr.S.Ramasamy For Respondent :: Mr.P.Kannithevan Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the 1st respondent to register the case on the basis of order passed by the Judicial Magistrate No.IV, Madurai in Crl.M.P.No.4767 of 2011, by order dated 09.09.2011 as per 156(3) Cr.P.C. and to file a report before the Court. 2. Heard Mr.S.Ramasamy, learned Counsel appearing for the petitioner and Mr.P.Kannithevan, learned Government Advocate (Criminal side) appearing for the State. 3. The learned Counsel for the petitioner would submit in his argument that even though the complaint has been given by the petitioner to the 2nd respondent police on 01.06.2011, the respondent police did not take any action and hence, the petitioner filed a complaint before the learned Judicial Magistrate No.IV, Madurai, under Section 156(3) of Cr.P.C. and the learned Judicial Magistrate passed an order directing the respondent to investigate the matter and to take further action in accordance with law. Now, the petitioner has come forward with the present petition, seeking specific direction from this Court. 4.Heard the learned Government Advocate (Crl.side) who would submit that he has to get instruction from the respondent. 5.Considering the submissions made by both sides, this Court could see that as per Section 156(3) Cr.P.C, whenever a complaint has been forwarded by the learned Judicial Magistrate No.IV, Madurai, the 2nd respondent has to register the same and report it to the learned Judicial https://hcservices.ecourts.gov.in/hcservices/ 2 Magistrate concerned and thereafter to investigate the case and to file report within such time as directed by the learned Judicial Magistrate concerned. However, in the present case, the complaint forwarded under Section 156(3) Cr.P.C., by the learned Judicial Magistrate has not been registered, so far. 6.In the event of such non registration of the complaint, the respondent police is directed to register the complaint dated 19.06.2011, which was forwarded by the learned Judicial Magistrate under section 156 (3) Cr.P.C., within a week from the date of receipt of a copy of this order and to inform the same to the Judicial Magistrate concerned. In case, the case is already registered as per the direction of the learned Judicial Magistrate concerned, the respondent police is directed no need to investigate the same and to file report before the learned Judicial Magistrate concerned within such rime, as the said Court has directed. 7.With the above direction, this petition is ordered accordingly. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS) To 1.The Judicial Magistrate No.IV, Madurai. 2. The Chief Judicial Magistrate, Madurai 3.The Inspector of Police, Kudal Nagar Police Station, Madurai. 4.The Superintendent of Police, Madurai District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Arul GH : 16.12.2011 : 2p/6c Crl.O.P.(MD)No.15552 of 2011 29.11.2011 https://hcservices.ecourts.gov.in/hcservices/