1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.16900 of 2011 Mohammed Abubakkar ... Petitioner Vs. State rep.by The Inspector of Police, Peravurani Police Station, ThanjavurDistrict. ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police, the Inspector of Police, Peravurani Police Station, Thanjavur District, to register the case on the basis of the complaint forwarded by the learned Judicial Magistrate, Pattukottai under Section 156(3) Cr.P.C in D.No.86/2011, dated 12.01.2011. For Petitioner :Mr.S.Deenadhayalan For Respondent :Mr.P.Kannithevan Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the respondent police, the Inspector of Police, Peravurani Police Station, Thanjavur District, to register a case on the basis of the complaint forwarded by the learned Judicial Magistrate, Pattukottai under Section 156(3) Cr.P.C in D.No.86/2011, dated 12.01.2011. 2. Heard Mr.S.Deenadhayalan, learned Counsel appearing for the petitioner and Mr.P.Kannaithevan, learned Government Advocate (Criminal side) appearing for the respondents. 3. According to the submissions of the learned Counsel for the petitioner that this Court passed an order in Crl.O.P(MD) No.9522 of 2010 dated 22.11.2010, directing the respondent to register the complaint and in case of failure on the part of respondent, directing the petitioner to present a complaint before the learned Judicial Magistrate under Section 156(3) and accordingly the complainant was presented before the learned Judicial Magistrate, Pattukkottai, on 11.01.2011 and the the learned Judicial Magistrate, Pattukkottai, on 11.01.2011 ordered for forwarding the complaint to the Peravurani Police Station under Section 156(3) of Cr.P.C. Of course, however, no https://hcservices.ecourts.gov.in/hcservices/ 2 direction was given by the learned Judicial Magistrate, Pattukkottai, specifically for the registration of the complaint and investigation and for filing of the report by the respondent police. However, the said complaint was forwarded to the respondent police under Section 156(3). 4.The implied direction would be that to register the investigation and file a report under Section 156(3), of Cr.P.C as per 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' clearly mentions about the purpose of direction issued under Section 156(3) Cr.P.C. As per the said judgment, whenever a complaint has been referred under Section 156(3) by any of the learned Judicial Magistrate, to the jurisdictional police station, it ought to have registered, investigated and report should be filed. There is no need as to whether the report should be on positive always, it can be a negative report also. Whatever may be, the respondent police ought to have registered the complaint immediately on receipt of the order issued by the Court. Since the complaint has not been registered by the respondent police, it has become necessary for this Court to direct the respondent police to register the complaint within a period of fifteen days from the date of receipt of a copy of this order and to proceed with the investigation and to file a report before the learned Judicial Magistrate, Pattukkottai, as per the provisions of Section 156 (3) of Cr.P.C. 5.With the aforesaid direction, this petition is ordered. Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To 1.The Inspector of Police, Peravurani Police Station, ThanjavurDistrict. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Judicial Magistrate, Pattukottai gsr rl/4c – 3.1.2012 Crl.O.P.(MD)No.16900 of 2011 22.12.2011 https://hcservices.ecourts.gov.in/hcservices/