1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2011 CORAM THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.(MD)No.49 of 2011 Nanjil @ Mani ... Petitioner Vs. 1. Sasikala 2. John 3. State represented by the Sub-Inspector of Police, Thakkalai, Kanyakumari District. ... Respondents Prayer: Criminal Revision Petition filed under Section 397 r/w. 401 of Cr.P.C. against the orders passed by the Judicial Magistrate, Padmanabhapuram, Kanyakumari District in his Crl.M.P.No.14382 of 2010 dated 29.11.2010 wherein he has to forward the petition dated 29.11.2010 under Section 156(3) Cr.P.C. to the Sub-Inspector of Police, Thakkalai, Kanyakumari District. For Petitioner : M/s. Kathirvelu Associates For R3 : Mr.R.M.Anbunithi, Govt. Advocate (Crl.side) O R D E R This Criminal Revision Petition has been filed challenging the order passed by the learned Judicial Magistrate, Padmanabhapuram, Kanyakumari District in Crl.M.P.No.14382 of 2010, dated 29.11.2010. 2. The order reads as follows: "C.M.P.No.14382/2010 Date:29.11.2010 As per 5 of SC and ST Prevention of Atrocities Rule 1955 specifically stated that, if the complaint is refused to reduced in writing and entered in the book maintained by the police, the effected person should report before the Superintendent of Police and the S.P. shall make an order in writing to the officer incharge of the police station to entire substances of that information in the book to be maintained by the police station. Described in the Section 154 of Cr.P.C. but there is no provision in the Rules corresponding 156(1)(2) of Cr.P.C. or https://hcservices.ecourts.gov.in/hcservices/ 2 156(1)(2) of Cr.P.c. or 156(1)(2) of Cr.P.C. and that rules reads as self contained code. When there is specific rules is available, general rule will not apply as per Grade class act. Since the rules did not give any power to this Court to entertain the petition under Section 156(3) Cr.P.C. Hence, this application is not maintainable. Hence, dismissed." 3. The learned Senior counsel would refer this Court to the complaint which informs the compliance with Rule 5 of the SC/ST (Prevention of Atrocities) Act, 1995. Clearly the order of the lower Court has come to be passed on total non-application of mind. The order of the lower Court is set aside and the complaint of the petitioner shall stand restored to the file of the Judicial Magistrate who shall deal with the same in accordance with law. Accordingly, this criminal revision is allowed. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1. The Sub-Inspector of Police, Thakkalai, Kanyakumari District. 2. The Judicial Magistrate, Padmanabhapuram, Kanyakumari District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.R.C.(MD)No.49 of 2011 22.01.2011 AKV SMA/14.02.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/