1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.15656 of 2011 Shajahan :Petitioner -Vs- The State rep. by The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District. :Respondents PRAYER:This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Judicial Magistrate, Periyakulam, to take the unnumbered Cr.M.P.No..... of 2011 on his file and to pass appropriate orders in accordance with law under Section 156(3) Cr.P.C. For Petitioner:Mr.M.Ajmal Khan For Respondent:Mr.P.Kannithevan,Govt. Advocate(Crl.Side) ORDER This petition has been filed to direct the Judicial Magistrate, Periyakulam, to take the unnumbered Cr.M.P.No..... of 2011 on his file and pass appropriate orders in accordance with law under Section 156(3) Cr.P.C. 2.Heard Mr.M.Ajmal Khan, the learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned counsel appearing for the respondent. 3.According to the submissions made by the learned counsel appearing for the petitioner, the petitioner has presented a petition before the learned Judicial Magistrate, Periyakulam, to direct the respondent police to register the complaint under Section 156(3) Cr.P.C. He would further submit in his argument that the said complaint was not taken on file, but, it has been returned without any valid reasons. He would also refer to the returned complaint for the appraisal of this Court and request the Court to direct the learned Judicial Magistrate, Periyakulam, to take the complaint on file and to act in accordance with law under Section 156(3) Cr.P.C. 4.The learned Government Advocate (Criminal side) would submit in his argument that suitable directions may be issued to the learned Judicial Magistrate, if for any reasons, the procedure has not been followed. He would also submit that he is ready to comply with the order of the learned Judicial Magistrate as well as of this Court, if any order has been passed against the respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Considering the submissions made on either side and the endorsement in the reused complaint, this Court could see that the complaint produced by the petitioner has been returned by the learned Judicial Magistrate on 4 occasions, for want of certain particulars, mentioned in the said returns. It is a settled law that whenever, a complaint has been filed before the learned Judicial Magistrate under Section 156(3), it is for the said Court to forward it to the jurisdictional police with a direction to register the same and to enquire on the allegations and to file a report. However, the learned Judicial Magistrate has not done so but would indulge in clarifications regarding the allegations in the complaint. 6.In the facts and circumstances, it has become necessary for this Court to direct the learned Judicial Magistrate, Periyakulam to receive the complaint of the petitioner, if represented withe this order and to see that it is otherwise in order, it has to simply refer the complaint to the jurisdictional police viz., the respondent police, for registration of the complaint and to get a report from the said police. There is no need for the learned Judicial Magistrate to go into the allegations made in the complaint, since the respondent police will investigate the matter and submit a report. Time for representation is one week from the date of receipt of the copy of this order. 7.With the aforesaid direction, this petition is ordered. Sd/- Assistant Registrar (Records) / TRUE COPY / Sub Assistant Registrar TO: 1.The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District. 2.The Judicial Magistrate, Periyakulam. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.M.Ajmalkhan, Advocate. SR.No.42395. Arul Crl.O.P.(MD) No.15656 of 2011 RP/14.12.2011/2P/5C. 01.12.2011. https://hcservices.ecourts.gov.in/hcservices/