1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.3460 of 2011 Balamurugan ...petitioner -Vs- 1.The Superintendent of Police, Tirunelveli District,Tirunelveli. 2.The Inspector of Police, All Women Police Station,Tenkasi,Tirunelveli District. ...Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Judicial Magistrate, Tenkasi, to accept the petitioner's complaint dated 25.01.2011 and take it on file and restore the order passed in Cr.M.P.No.1377 of 2011 on 03.02.2011 and forwarded the same to the 2nd respondent for registering the case. For petitioner : Mr.V.Sasikumar For Respondents: Mr.P.Kannithevan, Govt.Advocate (Crl. Side) O R D E R This petition has been filed to direct the Judicial Magistrate, Tenkasi, to accept the petitioner's complaint dated 25.01.2011 and take it on file and restore the order passed in Cr.M.P.No.1377 of 2011 on 03.02.2011 and forwarded the same to the 2nd respondent for registering the case. 2.Heard Mr.V.Sasikumar, learned counsel for the petitioner and Mr.P.Kannithevan, learned Government Advocate (Crl. Side) appearing for the respondent State. 3.The learned counsel for the petitioner would submit in his argument that the petitioner presented the complaint before the learned Judicial Magistrate, Tenkasi in order to issue a direction to the Jurisdictional police, viz., the second respondent police, to register the complaint. He would further submit that however, the said complaint was elaborately considered by the learned Judicial Magistrate and it was returned as not maintainable, by his order dated 11.02.2011. He would further submit in his argument that if the complaint presented before the Court, was considered under Section 156 (3) Cr.P.C., the Court need not go into the merits of the complaint, but, it ought to have directed the Jurisdictional police, to register the same and to hold an enquiry or investigation, as the case may be, after the registration of the said complaint on their file. However, the order of the learned Judicial Magistrate, would go to show about the maintainability of the application, is not correct. 4.The learned Government Advocate (Crl. Side) would submit in his argument that this Court may gone through the report or remarks of the Judicial Magistrate concerned and suitable orders may be passed. 5.I have considered the submissions advanced by the learned counsel for the petitioners and I have also perused the remarks submitted by the learned Judicial Magistrate concerned, dated 16.11.2011. According to the remarks submitted by the learned Judicial Magistrate, it has been stated that the complaint given by the petitioner was numbered in Cr.M.P.No.1377 of 2011 and after hearing the learned counsel for the complainant in the said petition, it was returned as not maintainable. He has also mentioned that the complaint given by the petitioner has been taken on file and the same was returned and it was promptly entered in the returned Register. No doubt it is true that the copy of the complaint with the orders passed by the learned Judicial Magistrate has been produced before this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 6.The learned counsel for the petitioner would also fairly concede that the original complaint, order of return and the endorsement made therein are available with him and the said complaint will be presented before the learned Judicial Magistrate concerned depending upon the orders passed by this Court. Therefore, it is clear that the complaint has been returned by the learned Judicial Magistrate, as not maintainable as per the view taken by the said Court. 7.It is settled law that whenever a complaint is presented before the Jurisdictional Magistrate, the said Court can take cognizance of the said complaint, after recording the statement of the complainant as well as the witnesses and if any prima facie case is made out, it can take it cognizance and on its file under Section 200 Cr.P.C. and issue summons as per the subsequent provisions envisaged in Criminal Procedure Code or the Court can refer the complaint for an enquiry or investigation to the jurisdictional police and await his report for taking cognizance of the said complaint. 8.In such circumstances, the specific case of the petitioner was that the complaint may be referred to the jurisdictional police under Section 156 (3) Cr.P.C. If, in the event of directing the police to make investigation under Sections 156(3) Cr.P.C. it is for the Court to immediately issue directions for registering the complaint and to proceed with the investigation or enquiry, as the case may be with a suitable direction to file a report. But the lower Court has adopted different procedure for considering the merits of the complaint and had come to the conclusion that the complaint is not maintainable. The order passed by the learned Judicial Magistrate concerned is not sustainable and it has to be set aside. 9.Accordingly, the said order passed by the learned Judicial Magistrate on 11.02.2011 on the complaint numbered in Cr.M.P.No.1377 of 2011 is set aside and the matter has been remitted back to the said Court for passing a correct order as per the guidelines given above. 10.Accordingly, this criminal original petition is ordered. The learned Judicial Magistrate, Tenkasi is directed to consider the complaint given by the petitioner in accordance with law as per the provisions under Section 156 (3) Cr.P.C. and to pass a lawful order, after restoring the said application to its file immediately on representation of the said returned complaint by the petitioner. The time for representation is two weeks from the date of receipt of a copy of this order. SD/- ASSISTANT REGISTRAR(T&P) /TRUE COPY/ SUB ASSISTANT REGISTRAR. arul To 1.The Superintendent of Police, Tirunelveli District,Tirunelveli. 2.The Inspector of Police, All Women Police Station,Tenkasi,Tirunelveli District. 3.The Additional Public Prosecutor Madurai Bench of Madras High Court,Madurai. SB 25/11/2011 2P 4C Crl.O.P.(MD).No.3460 of 2011 https://hcservices.ecourts.gov.in/hcservices/