1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.1768 of 2011 S.Raja pandy ...Petitioner/Complainant -Vs- The State represented by The Inspector of Police, Virudhunagar Town Police Station, Virudhunagar, Virudhunagar District. ...Respondent/Respondent PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Judicial Magistrate No.1, Virudhunagar, Virudhunagar District to dispose of the complaint of the petitioner filed under Section 156(3) of Cr.P.C. in Cr.M.P.No.718 of 2011 without affording opportunity to the accused persons therein, within the stipulated period as prescribed by this Court. For Petitioner : Mr.R.Anand For Respondent : Mrs.S.Devasena Government Advocate (Crl. Side) ORDER This petition has been to direct the Judicial Magistrate No.1, Virudhunagar, Virudhunagar District to dispose of the complaint of the petitioner filed under Section 156(3) Cr.P.C. in Cr.M.P.No.718 of 2011 without affording opportunity to the accused persons therein, within the stipulated period as prescribed by this Court. 2. Heard Mr.R.Anand, learned counsel for the petitioner and Mrs.S.Devasena, learned Government Advocate (Crl. Side) appearing on behalf of the respondent. 3. The accused persons cannot be given an audience before registering any complaint. However, it is brought to the notice of this Court that the learned Judicial Magistrate No.1, Virudhunagar has directed the intervenor to submit his counter regarding the proposed F.I.R. If it is allowed, it would be amounting to a trial at a pre-investigation stage and such a https://hcservices.ecourts.gov.in/hcservices/ 2 direction is not appreciable and therefore, the permission granted by the learned Judicial Magistrate No.1, Virudhunagar is not in accordance with law. Therefore, the prayer sought for by the petitioner seeking for a direction to refer the complaint to police alone is permissible and the learned Judicial Magistrate is directed to act in accordance with law as per the provisions mentioned in Section 156(3) Cr.P.C. 4.With the aforesaid observation, this criminal original petition is ordered accordingly. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To 1.The Inspector of Police, Virudhunagar Town Police Station, Virudhunagar, Virudhunagar District. 2. The Judicial Magistrate No.1, Virudhunagar. 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. Crl.O.P.(MD).No.1768 of 2011 11.02.2011 arul PA/15.02.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/