1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).1947 of 2011 David ... Petitioner Vs. 1.The Superintendent of Police, Kanyakumari District At Nagercoil. 2.The Deputy Superintendent of Police, District Crime Branch, Kanyakumari District, Nagercoil. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the Judicial Magistrate Court, Padmanabhapuram to dispose the petitioner's petition in CF No.74176 of 2010 on the file of the Judicial Magistrate Court, Padmanabhapuram to the respondents police to investigate the same and file final report. For Petitioner : Mr.T.Jeen Joseph For Respondents : Mrs.S.Devasena Govt. Advocate (Crl.Side) O R D E R This petition has been filed by the petitioner for a direction to be issued to the Court viz., Judicial Magistrate, Padmanabhapuram to dispose the petition filed in C.F.No.74176 of 2010 taken on file for the purpose of passing an order of referral under Section 156(3) Cr.P.C., as per the direction of this Court on 08.10.2010 in Crl.O.P.(MD).No.11854 of 2010. 2. Heard Mr.Jeen Joseph, the learned counsel for the petitioner and Mrs.S.Deveasena, the learned Government Advocate (Crl.side) appearing for the State. 3. According to the order passed by this Court in Crl.O.P.(MD). No.11854 of 2010, the complaint filed by the petitioner was directed to be filed before the learned Judicial Magistrate concerned and such complaint filed has to be considered under Section 156(3) Cr.P.C. for referral to the jurisdictional police station for investigation and report. In obedience to the order passed by this Court, the petitioner has presented a complaint before the learned Judicial Magistrate, Padmanabhapuram on 11.11.2010 and the complaint was numbered as C.F.No. 74176 of 2010 and instead of passing referral order immediately, it was posted to several hearing dates as 12.11.2010, 15.11.2010, 19.11.2010, 25.11.2010, 02.12.2010 and 28.01.2011. In the said complaint filed by the petitioner, the jurisdictional Magistrate is not required to pass any discretionary order but he is to pass a referral order under Section 156 (3) Cr.P.C. immediately to the jurisdictional police. But however, the https://hcservices.ecourts.gov.in/hcservices/ 2 learned Judicial Magistrate, Padmanabhapuram has posted to several hearing dates and thereby the complaint filed by the petitioner was very much delayed. Therefore, it has become necessary for this Court to direct the learned Judicial Magistrate, Padmanabhapuram to refer the complaint under Section 156(3) Cr.P.C., fixing time for filing a report by the jurisdictional police, within a period of one week from the date of receipt of a copy of this order. With the aforesaid direction, this petition is ordered. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1. The Superintendent of Police, Kanyakumari District at Nagercoil. 2. The Deputy Superintendent of Police, District Crime Branch, Kanyakumari District, Nagercoil. 3. The Judicial Magistrate, Padmanabhapuram. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.T.Jeen Joseph, Advocate SR.9081 akv SR : 01.03.2011 : 2p/6c Crl.O.P.(MD)No.1947 of 2011 17.02.2011 https://hcservices.ecourts.gov.in/hcservices/