1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.03.2011 Coram: THE HONOURABLE Mr. JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No:2817 of 2011 Thukkai Muthu .. Petitioner /Defacto Complainant Vs. 1.Samuel @ Subramaniyan 2.Shanmugaiah 3.Paulsamy 4.Periyandi 5.Paramasivan .. Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Judicial Magistrate, Sankarankovil either to forward the unnumbered Crl.M.P. dated 31.01.2011 under Section 156(3) Cr.P.C. or to take the case on file by recording the sworn statement under Section 200 Cr.P.C. For Petitioner :Mr.S.Ragaventhre ORDER This petition has been filed to direct the Judicial Magistrate, Sankarankovil either to forward the unnumbered Crl.M.P. dated 31.01.2011 under Section 156(3) Cr.P.C. or to take the case on file by recording the sworn statement under Section 200 Cr.P.C. 2.Heard Ms.Ragavendree, learned counsel appearing for the petitioner. No notice to the respondents is necessary, since the claim of the petitioner is a direction only against the learned Judicial Magistrate, Sankarankovil. 3. The learned counsel for the petitioner would submit in her argument that the petitioner has filed a private complaint before the learned Judicial Magistrate, Sankarankovil against the respondents on 31.01.2011, but neither has it been taken on file nor forwarded to the police and it has been posted to 07.02.2011 under the caption 'check and call on' and subsequently, it has been posted to 09.02.2011 and 15.02.2011. 4.She would further submit in her argument that the said Court is very much reluctant to pass any orders in the private complaint which is pending from the month of January 2011. She would further submit https://hcservices.ecourts.gov.in/hcservices/ 2 that suitable direction may be issued against the learned Judicial Magistrate, Sankarankovil to pass suitable orders on the complaint filed by the petitioner either to take cognizance under Section 200 Cr.P.C. or to refer the complaint under Section 156(3) Cr.P.C. to the respective police. She would cite the judgment of this Court reported in (2008) 3 MLJ (Crl.) 1334 Casim Fareed Jaffardeen Vs. Kohd. Ansari for the principle that the Judicial Magistrate should not return the complaint, but either to either pass an order or to dismiss the complaint. 5.I have gone through the papers presented by the learned counsel for the petitioner. I have also considered the arguments advanced by the learned counsel appearing for the petitioner. 6.The complaint has been filed by the petitioner before the learned Judicial Magistrate, Sankarankovil on 31.01.2011 and the same was received by the said Court on the same day and it was posted to 07.02.2011 and thereafter, 09.02.2011 and 15.02.2011 under the caption 'check and call on'. The said returns were complied with by the petitioner with the request to the learned Judicial Magistrate to forward the complaint to the jurisdictional police for registration of the complaint and for investigation, however, the said complaint was returned as to how it can be referred under Section 156(3) Cr.P.C and as to how it can be ordered, when already the Sub Inspector of Police Mr.Arumugam had enquired into the matter and found allegations mentioned in the complaint are not true. 7.On a careful perusal of the said complaint, when a complaint has been presented before the Court, it is the duty of the Court to go through the allegations made therein and if a direction is to be made for police investigation, it has to be specifically ordered under the provision of Section 156(3) Cr.P.C. and the learned Judicial Magistrate cannot pass any order orally to enquire into the matter in order to find out the truth. If for any reason, the Court wants to know the real facts prevailing on the allegations made in the complaint, it has to enquire into the complaint or the witnesses and to satisfy itself for taking cognizance of the offence under Section 200 Cr.P.C. in accordance with the procedures laid down under Section 200 to 204 Cr.P.C. If the Court wants to know the real facts of the allegations over the said complaint, it has to necessarily pass an order under Section 156(3) Cr.P.C. after referring the complaint for registration investigation and report. 8.Under the said circumstances, this Court cannot keep the complaint without passing any order. Therefore, it has become necessary for this Court either to adopt the procedure under Section 200 Cr.P.C. to take the complaint after satisfying itself with the allegations made therein through the examination of the complainant and witnesses or to refer the complaint under Section 156(3) Cr.P.C. to register the case and to find out the truth in the form of proper investigation. https://hcservices.ecourts.gov.in/hcservices/ 3 9.Therefore, I have no hesitation to pass an order directing the learned Judicial Magistrate either to adopt the procedure under Section 200 Cr.P.C. or to follow the procedure under Section 156(3) Cr.P.C. to get the report of the police by referring the said complaint to the jurisdictional police for registration of the complaint and for investigation. 10.Therefore, the claim of the petitioner to pass orders directing the learned Judicial Magistrate, Sankarankovil is accordingly ordered. The learned Judicial Magistrate,Sankarankovil is directed to pass orders on the complaint, if the same is represented, within a period of one week and to pass such an order immediately thereafter within a period of one week. 11.With the aforesaid direction, this petition is ordered. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate, Sankarankovil, Tirunelveli +1cc to Mr.G.R.Swaminathan, Advocate, Sr.No.7008 CRL.O.P(MD)No.2817 of 2011 03.03.2011 arul SMA/22.03.2011/3C/3P https://hcservices.ecourts.gov.in/hcservices/