1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.15540 of 2011 Soundrapandian ... Petitioner -Vs-. State rep. by The Inspector of Police, Thiruthangal Police Station, Tiruthangal, Virudhunagar District. ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondent police to register the FIR on the basis of the petitioner's complainant dated 23.05.2011 in pursuant to the order passed by the Judicial Magistrate, Sivakasi in Cr.M.P.No.6801 of 2011 dated 20.08.2011. For Petitioner :: Mr.T.Antony Arul Raj 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 to register the FIR on the basis of the petitioner's complainant dated 23.05.2011 in pursuant to the order passed by the Judicial Magistrate, Sivakasi in Cr.M.P.No.6801 of 2011 dated 20.08.2011. 2. Heard Mr.T.Antony Arul Raj, learned Counsel appearing for the petitioner and Mr.P.Kannithevan, learned Government Advocate (Criminal side) appearing for the State. 3. The learned Counsel for the petitioner would submit in his argument that even though the complaint has been given by the petitioner to the respondent police on 23.05.2011, the respondent police did not take any action and hence, the petitioner filed a complaint before the learned Judicial Magistrate, Sivakasi under Section 156(3) of Cr.P.C. and the learned Judicial Magistrate passed an order directing the respondent to investigate the matter and to take further action in accordance with law. Now, the petitioner has come forward with the present petition to direct the respondent police to register the complaint, as a specific direction. 4.Heard the learned Government Advocate (Crl.side) who would submit that he has to get instruction from the respondent. 5.Considering the submissions made by both sides, this Court could see that as per Section 156(3) Cr.P.C, whenever a complaint has been forwarded by the learned Judicial Magistrate, the respondent has to register the same and report the registration to the learned Judicial Magistrate concerned and thereafter to investigate the case and to file report within such rime as directed by the learned Judicial Magistrate https://hcservices.ecourts.gov.in/hcservices/ 2 concerned. However, in the present case, the complaint forwarded under Section 156(3) Cr.P.C., by the learned Judicial Magistrate has not been registered, so far. 6.In the event of such non registration of the complaint, the respondent police is directed to register the complaint dated 20.08.2011, which was forwarded by the learned Judicial Magistrate under section 156 (3) Cr.P.C., within a week from the date of receipt of a copy of this order and to inform the same to the Judicial Magistrate concerned. In case, the case is already registered as per the direction of the learned Judicial Magistrate concerned, the respondent police (*)NEED NOT REGISTER THE SAME, BUT to file report before the learned Judicial Magistrate concerned within such time, as the said Court has directed. 7.With the above directions, this petition is ordered accordingly. Sd/- Deputy Registrar (Accounts) (*)AMENDED AS PER ORDER OF THIS COURT DATED: 19.12.2011 Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To TO BE SUBSTITUTED TO THE ORDER COPY ALREADY DESPATCHED ON 13.12.2011 1.The Judicial Magistrate, Sivakasi. 2.The Inspector of Police, Thiruthangal Police Station, Tiruthangal, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.T.Antony Amulraj, Advocate, Sr.No.42126 arul GH : 13.12.2011 DM::2011:DECEMBER:27:: Crl.O.P.(MD)No.15540 of 2011 29.11.2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/