1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.16100 of 2011 N.Sentamil Selvan ... Petitioner -Vs-. 1.The District Superintendent of Police, Virudhungar District, Virudhunagar. 2.The Sub-Inspector of Police, Aviyur Police station, Virudhunagar District. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to set aside the order of return passed by the learned Judicial Magistrate No.II, Virudhunagar dated 22.11.2011 on the petitioner complaint filed under Section 156(3) of Cr.P.C dated 26.07.2011. For Petitioner :: Mr.R.Murugappan For Respondents :: Mr.P.Kannaithevan, Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to set aside the order of return passed by the learned Judicial Magistrate No.II, Virudhunagar dated 22.11.2011 on the petitioner complaint filed under Section 156(3) of Cr.P.C dated 26.07.2011. 2. Heard Mr.R.Murugappan, learned Counsel appearing for the petitioner and Mr.P.Kannaithevan, learned Government Advocate (Criminal side) appearing for the respondents. 3. The learned Counsel for the petitioner would submit in his argument that the complaint given by the petitioner to the second respondent was not registered. He further submits that as per the direction of this Court in Crl.O.P(MD)No.8035 of 2011 the petitioner filed a petition under Section 156(3) of Cr.P.C dated 26.07.2011 before the learned Judicial Magistrate No.II, Virudhunagar, but, the learned Judicial Magistrate returned the petitioner's complaint without assigning valid reasons. The petitioner resubmitted the complaint on 22.11.2011 before the learned Judicial Magistrate No.II, Virudhunagar, and the same was again returned. Hence, the petitioner filed this petition. https://hcservices.ecourts.gov.in/hcservices/ 2 4.When a similar matter came before this Court, this Court in K.Sundaaravelu @ K.Balasundaram -vs- The Deputy Commissioner of Police, Central Crime Branch Chennai and another reported in (2007) 2 MLJ (Crl)332 has held in paragraph '10' as follows: "10.Therefore, this Court, in view of the above said sequence of events and in view of the admitted fact that the first respondent has yet to take any action and not even registered the First Information Report on the basis of the complaint preferred by the petitioner herein dated 07.07.2006 as referred by the learned Magistrate through his order dated 27.09.2006 to register the First Information Report and to investigate into the matter in accordance with law and to file the final report, is constrained to direct the second respondent to register F.I.R investigate into the matter in accordance with law and to file the final report within a period of six months from the date of receipt of order copy of this Court." 5.In the above judgment of this Court it has been categorically directed that whenever the complaint has been forwarded by the learned Magistrate to the Police under Section 156(3) of Cr.P.C, the Police has to register the case and to proceed with the investigation into the matter in accordance with the law and file a final report before the said Magistrate. But, the learned Magistrate is indulging in returning the complaint one after another regarding the verification of the facts and the maintainability of the complaint which is not within the jurisdiction of the learned Judicial Magistrate. The learned Judicial Magistrate has to simply forward the complaint for registration and for investigation and return. If there is any defect in the complaint that could be rectified in the investigation and the final report could be filed by the respondent police. No doubt, the FIR to be filed by the respondent police, on the referral of the complainant by the said Court, is not an encyclopedia and therefore, the learned Judicial Magistrate need not indulge in probing the maintainability of the complaint. Therefore, the learned Judicial Magistrate No.II, Virudhunagar is directed to receive the complaint when it is re-presented by the petitioner and to forward the said complaint to the respondent police after going through the principles laid down in the aforesaid judgment of this Court in (2007) 2 MLJ (Crl)332. 6. With the above said observations, this petition is ordered accordingly. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Judicial Magistrate-II, Virudhunagar 2.The District Superintendent of Police, Virudhungar District, Virudhunagar. 3.The Sub-Inspector of Police, Aviyur Police station, Virudhunagar District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.R.Murugappan, Advocate, Sr.No.43958 Crl.O.P.(MD)No.16100 of 2011 15.12.2011 gsr SMA/03.01.2012/6C/3P https://hcservices.ecourts.gov.in/hcservices/