1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.16607 of 2011 M.V.Radhakrishnan ... Petitioner Vs. 1.The Commissioner of Police, Madurai City. 2.The Inspector of Police (Crime), Vilakkuthoon Police station, Madurai. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the learned Judicial Magistrate No.1 to direct the second respondent to register a case on the basis of the petitioner's complaint dated 02.07.2010 and investigate the matter in accordance with law. For Petitioner :: Mr.B.A.Muruganantham For Respondents :: Mr.P.Kannaithevan, Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.1 to direct the second respondent to register a case on the basis of the petitioner's complaint dated 02.07.2010 which was dismissed by the learned Judicial Magistrate. 2. Heard Mr.B.A.Muruganantham, learned Counsel appearing for the petitioner and Mr.P.Kannaithevan, learned Government Advocate (Criminal side) appearing for the respondents. 3. The learned Counsel for the petitioner would submit in his arguments that the petitioner approached the learned Judicial Magistrate No.1, Madurai on 25.01.2011 by filing an application under Section 156(3) of Cr.P.C. The learned Magistrate, after so many adjournments, examined the petitioner under Section 156(3) and dismissed the application on 19.07.2011. Hence, the petitioner filed this petition. 4. The learned Government Advocate (Crl.Side) would submit in his arguments that the respondents did not receive any direction from the learned Judicial Magistrate and if any direction was received, the respondent police would have registered the complaint. https://hcservices.ecourts.gov.in/hcservices/ 2 The respondent police is ready to abide any direction issued by this Court. 5. Considering the submissions made on either side, I could see that the complaint has been presented before the learned Judicial Magistrate No.1, Madurai for being referred to under Section 156(3) Cr.P.C as per the direction of this Court passed in Crl.O.P.No.8533 of 2010 on 28.07.2010 to register the complaint. The learned Magistrate after receipt of the complaint had gone into the complaint and the order passed on 19.07.2011 in Crl.M.P.No.1444 of 2011 and thereby he has dismissed the complaint. The order of the learned Magistrate is produced before this Court. 6. On a careful perusal of the said order I could see the order directly against the principle laid down in K.Sundaaravelu @ K.Balasundaram -vs- The Deputy Commissioner of Police, Central Crime Branch Chennai and another reported in (2007) 2 MLJ (Crl)332 wherein in paragraph '10' it is held as follows: "10. Therefore, this Court, in view of the above said sequence of events and in view of the admitted fact that the first respondent has yet to take any action and not even registered the First Information Report on the basis of the complaint preferred by the petitioner herein dated 07.07.2006 as referred by the learned Magistrate through his order dated 27.09.2006 to register the First Information Report and to investigate into the matter in accordance with law and to file the final report, is constrained to direct the second respondent to register F.I.R investigate into the matter in accordance with law and to file the final report within a period of six months from the date of receipt of order copy of this Court." 7. Therefore, I have no hesitation to set aside the order passed by the learned Judicial Magistrate No.1 and the learned Magistrate is directed to follow the judgment of this Court in Sundaaravelu @ K.Balasundaram -vs- The Deputy Commissioner of Police, Central Crime Branch Chennai and another reported in (2007) 2 MLJ (Crl)332. 8. Therefore, the learned Judicial Magistrate No.1, Madurai, is directed to go through the judgment of this Court and pass suitable orders, directing the complaint filed by the petitioner to be referred to the second respondent police for investigation and for filing the report. 9. With the aforesaid direction, this petition is ordered. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Judicial Magistrate No.1, Madurai. 2.The Commissioner of Police, Madurai City. 3.The Inspector of Police (Crime), Vilakkuthoon Police station, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.16607 of 2011 20.12.2011 gsr NSV/2.1.12/3P/5C https://hcservices.ecourts.gov.in/hcservices/