1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.16464 of 2011 S.Karuppayee ... Petitioner Vs. The State rep. By Inspector of Police, B-4, Keerathurai Police Station, Madurai. ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondent to register case on the complaint of the petitioner dated 25.03.2011 pursuant to the order dated 29.03.2011 in Cr.M.P.No.1810 of 2011 passed by the learned Judicial Magistrate No.IV, Madurai. For Petitioner :: Mr.T.Antony Arulraj For Respondents :: Mr.P.Kannithevan, Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the respondent to register case on the complaint of the petitioner dated 25.03.2011 pursuant to the order dated 29.03.2011 in Cr.M.P.No.1810 of 2011 passed by the learned Judicial Magistrate No.IV, Madurai. 2. Heard Mr.T.Antony Arul Raj, 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 respondent police on 25.03.2011, 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 to direct the respondent police to register the complaint, as a specific direction. 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, the respondent has to register the same and report the registration to the learned Judicial 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 https://hcservices.ecourts.gov.in/hcservices/ 2 registered, so far. 6.In the event of such non registration of the complaint, the respondent police is directed to register the complaint dated 25.03.2011, 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 need not register the same, but to file report before the learned Judicial Magistrate concerned within such time, as directed. 7.With the above directions, this petition is ordered accordingly. SD ASST REGISTRAR(AE) /TRUE COPY/ SUB ASST REGISTRAR vs To 1.The Inspector of Police, B-4, Keerathurai Police Station, Madurai. 2.The Judicial Magistrate, No.IV, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. SB:19/01/2012 2P 4C Crl.O.P.(MD)No.16464 of 2011 21.12.2011 https://hcservices.ecourts.gov.in/hcservices/