1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2011 CORAM: THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.11396 of 2011 P.Sabapathy ... Petitioner vs. The State represented by 1. The Superintendent of Police, Tirunelveli District, Tirunelveli. 2. The Inspector of Police, District Crime Branch, Tirunelveli District ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to the return endorsement dated 23.03.2011 made by the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District on a petition filed by the petitioner in Cr.M.P.No.(unnumbered) of 2011 and set aside the same and consequently direct the above said learned Judicial Magistrate, Cheranmahadevi to entertain the petition and to deal with the same as per Section 156(3) of Cr.P.C. For Petitioner : Mr.R.Anand For Respondent : Mr.K.V.Rajarajan Government Advocate. ORDER This Criminal Original Petition has been filed to call for the entire records pertaining to the return endorsement dated 23.03.2011 made by the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District on a petition filed by the petitioner in Cr.M.P.No.(unnumbered) of 2011 and set aside the same and consequently direct the above said learned Judicial Magistrate, Cheranmahadevi to entertain the petition and to deal with the same as per Section 156(3) of Cr.P.C. 2. Heard the learned counsel for the petitioner and the learned Government(Crl.Side) appearing for the respondent. 3. The petitioner has filed this application seeking to set aside the order passed by the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, dated 23.03.2011, by which the application filed by the petitioner under Section 156(3) of Cr.P.C. has been returned. 4. As submitted by the learned Counsel for the petitioner, the petition has been filed under Section 156(3) of Cr.P.C. seeking investigation by the Inspector of Police, District Crime Branch, Tirunelveli. The power of the Inspector of Police, District Crime Branch is extended to the entire District. Therefore, the learned Judicial https://hcservices.ecourts.gov.in/hcservices/ 2 Magistrate, Cheranmahadevi, Tirunelveli District has got the jurisdiction to exercise its power under Section 156(3) of Cr.P.C. 5. In such view of the matter, the order dated 23.03.2011 returning the petition filed by the petitioner is hereby set aside. The learned Judicial Magistrate is directed to entertain the petition filed by the petitioner and directed to renumber the petition within a period of two weeks from the date of receipt of a copy of this order and proceed with the same in accordance with law. 6. With the above direction, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1. The Judicial Magistrate, Cheranmahadevi 2. The Superintendent of Police, Tirunelveli District, Tirunelveli. 3. The Inspector of Police, District Crime Branch, Tirunelveli District 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai ss1 GH : 11.10.2011 : 2p/5c Crl.O.P(MD)No.11396 of 2011 27.09.2011 https://hcservices.ecourts.gov.in/hcservices/