2. The learned counsel for the petitioner submitted that the petitioner filed a complaint before the Judicial Magistrate I, Tiruppur, Vellore District, under section 156(3) Cr.P.C., seeking a direction to the respondent police to investigate the matter and the same was taken on the file in CMP.No.1044 of 2023. The learned Judicial Magistrate, by its order dated 2.3.2022, directed the 1 st respondent to investigate the case and, if a cognizable offence is made out, to file a FIR and proced in accordance with law. But the 1 st respondent-The Inspector of Police, without sending final report on investigation, sent a report to Judicial Magistrate without giving any finding of investigation. Based upon that, the petitioner filed a protest petition in Crl.M.P.No.2446 of 2022. The learned Magistrate, without considering the above fact, dismissed the protest petition. Hence, it is challenged in this Criminal Revision case.
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6. A further perusal of records would reveal that the learned Magistrate, without ascertaining the investigation report, dismissed the protest petition based on the report filed by the respondent police alleging that the petitioner has approached this Court for the reason that he should not be called back by the police officials for enquiry. Once a complaint is forwarded to the concerned police by a Judicial Magistrate under section 156(3) Cr.P.C., for the purpose of investigation, it is the bounden duty of officer in charge of the police station to register the FIR. Therefore, the impugned order passed by the Court below is unsustainable in law, hence the same is hereby set aside and the Criminal Revision is allowed.
PARTY: Saravanan vs. The State, represented by the Inspector of Police, Thirupattur Town Police Station – CRL.R.C.NO.1527 of 2022 – 30.03.2023 – THE HONOURABLE MR. JUSTICE V. SIVAGNANAM
