(2012) 274 KLR 204

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

FRIDAY, THE 12TH DAY OF OCTOBER 2012/20TH ASWINA 1934

Crl.MC.No. 3254 of 2012 ()

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PETITIONER(S):

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DR.ABDUL JALAL, AGED 68 YEARS S/O.MOHAMMED KASSIM PUTHENKADA VEEDU, VENGODE, THACHAPPALLIMURI KEEZHTHONNAKKAD VILLAGE

BY ADV. SRI.P.M.HABEEB

COMPLAINANT(S):

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1. STATE OF KERALA THROUGH PUBLIC PROSECUTOR , HIGH COURT OF KERALA ERNAKULAM 682031

2. SUB INSPECTOR OF POLICE POTHENCODE POLICE STATION, THIRUVANANTHAPURAM 695 001

3. THE SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM - 695001

BY PUBLIC PROSECUTOR SRI. RANJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

APPENDIX

PETITIONER'S ANNEXURES

1. ANNEXURE-A; PHOTOCOPY OF THE COMPLAINT DATED 1- 10-2012
2. ANNEXURE B: PHOTOCOPY OF THE RECEIPT FOR THE SAME AS PER NO.360549 DATED 01-10-2012
3. ANNEXURE C: PHOTOCOPY OF CMPNO. 7210/2012 DATED 3- 10-2012 BEFORE THE JFCMCOURT, ATTINGAL.

/TRUECOPY/ P.S.TOJUDGE

N.K.BALAKRISHNAN, J.

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Crl.M.C. No.3254 of 2012

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Dated this the 12th day of October 2012

Head Note:-

Criminal Procedure Code, 1973 - Section 156(3) - complaint was forwarded to the police - no crime has been registered by the police - police is reluctant to register FIR - When a complaint is forwarded to the police under Sec.156(3) Cr.P.C., there can be no reason for the police to decline registration of the crime based on the complaint. Whether the allegations are true or not are matters to be investigated and found out later.

O R D E R

A private complaint was filed alleging offences punishable under Secs.141, 143, 447, 427 and 506(ii) IPC before J.F.C.M.-I, Attingal. It was forwarded to the Sub Inspector of Police, Pothencode Police Station under Sec.156(3) Cr.P.C.

2. Learned counsel for the petitioner submits that the complaint was forwarded to the police on 3.10.2012. Learned counsel submits that though it was forwarded to the police under Sec.156(3) Cr.P.C., so far no crime has been registered by the police. It is also submitted that prior to the filing of the complaint before the learned Magistrate, the petitioner had filed a complaint direct to the Sub Inspector of Police on 1.10.2012. Annexure A is the copy of that complaint and Annexure B is the copy of the receipt issued by the police. Hence, according to the petitioner, the police is reluctant to register FIR in spite of the order passed by the learned Magistrate. When a complaint is forwarded to the police under Sec.156(3) Cr.P.C., there can be no reason for the police to decline registration of the crime based on the complaint. Whether the allegations are true or not are matters to be investigated and found out later. Hence, the Sub Inspector of Police, Pothencode Police Station shall see that the crime is registered and a report is filed to the jurisdictional Magistrate. The petitioner can hereafter approach the learned Magistrate for issuance of appropriate directions.

This Crl.M.C. is disposed of as above.

N.K.BALAKRISHNAN, JUDGE.

Jvt