Madras High Court
Kanagarathinam vs The State Of Tamil Nadu on 24 April, 2025
Crl.O.P(MD)No.7447 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
Crl.O.P(MD)No.7447 of 2025
Kanagarathinam ... Petitioner
Vs
1. The State of Tamil Nadu,
Rep. by the Superintendent of Police,
O/o. Superintendent of Police,
Tenkasi District.
2. The Deputy Superintendent Of Police,
O/o. Deputy Superintendent of Police,
Sankarankovil,
Tenkasi District.
3. The Inspector of Police,
Thiruvengadam Police Station,
Thiruvengadam,
Tenkasi District.
4. Murugavelsamy
5. Rathinavel
6. Panneervel ... Respondents
1/8
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Crl.O.P(MD)No.7447 of 2025
PRAYER: Criminal Original petition has been filed under Section 528
of BNSS to direct the third respondent to register the First Information
Report as per the order passed by the learned Judicial Magistrate Court,
Sankarankovil in Cr.M.P.No.1121 of 2024 dated 11.11.2024 within a
stipulated time that may be fixed by this Court.
For Petitioner : Mr.P.Ponraj
For R1 to R3 : Mr.M.Sakthi Kumar
Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed seeking a direction
to the third respondent to register the First Information Report as per the
order passed by the learned Judicial Magistrate Court, Sankarankovil in
Cr.M.P.No.1121 of 2024 dated 11.11.2024.
2.The learned Counsel for the petitioner would submit that the
petitioner lodged a complaint against the respondents 4 to 6 before the
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learned Judicial Magistrate, Sankarankoil under Section 175(3) of BNS
and the same was forwarded to the third respondent and thereafter, the
third respondent has not conducted proper enquiry and without
registering an FIR kept the complaint pending. Hence this petition.
3.The learned Government Advocate (Crl.Side) appearing for the
respondent police would submit that petitioner lodged a complaint
against the respondents 4 to 6 before the learned Judicial Magistrate,
Sankarankoil under Section 175(3) of BNSS and the same was forwarded
to the third respondent and thereafter, the petitioner has not co-operated
for enquiry, thereby, they closed the complaint and filed a report before
the learned Judicial Magistrate, Sankarankoil. Therefore, the order of the
trial Court was complied with and hence nothing survives for further
adjudication in this matter.
4.Considering the limited scope of the prayer sought for in this
petition, this Court, without even issuing notice to the private
respondents, is inclined to pass order.
5.According to the petitioner, he filed a complaint against the
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respondents 4 to 6 before the learned Judicial Magistrate, Sankarankoil
under Section 175(3) of BNSS in Cr.M.P.No.1121 of 2024 and the same
was forwarded to the third respondent and thereafter, the third respondent
has not conducted proper enquiry and without registering an FIR kept the
complaint pending. The third respondent also admitted that no FIR has
been registered based on the order passed by the learned Judicial
Magistrate, Sankarankoil, in Cr.M.P.No. 1121 of 2024 and he conducted
enquiry and closed the same due to non co-operation of the petitioner.
6.It is well settled law that as far as passing order under Section
175(3) of BNSS is concerned, the Magistrate ought to have passed order
after applying judicial mind satisfying the prima facie material to
constitute the offences. But, the learned Judicial Magistrate,
Sankarankoil passed order directing the third respondent to conduct
enquiry and based on the enquiry, the third respondent shall act in
accordance with law.
7.The third respondent also without registering an FIR conducted
enquiry and closed the complaint. The Magistrate has not passed order
after applying judicial mind and without following the procedures
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contemplated under Section 175(3) of BNSS.
8.At this juncture, the learned Counsel for the petitioner relied
upon the following judgments:
(i)Hemant Yashwant Dhage Vs. State of Maharashtra and
others reported in (2016) 6 SCC 273;
(ii) Mohd. Yousuf Vs. Afaq Jahan and another reported in
(2006) 1 SCC 627 and
(iii)Saravanan Vs. The Inspector of Police, Thirupattur
Town Police Station, in Crl.R.C.No.1527 of 2022 on the file of this
Court.
9.On a careful perusal of the said judgment it is clear that the
Magistrate has to pass order after applying judicial mind while passing
order under Section 156(3) of Cr.P.C equivalent to Section 175(3) of
BNSS and once the complaint under Section 156(3) of Cr.P.C was
forwarded to the Police, they have to register an FIR and to conduct
investigation. In the case on hand also the petitioner filed a petition
under Section 156(3) Cr.P.C and the same was forwarded to the
respondent police station. Therefore, the respondent police ought to have
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registered an FIR, but not done so. Though the petitioner has not
challenged the order passed by the Magistrate, this Court to secure the
ends of justice inclined to set aside the order passed by the learned
Magistrate.
10.Therefore in view of the above, this Court is inclined to set aise
the order passed by the learned Judicial Magistrate, Sankarankoil. This
Court directs the learned Judicial Magistrate, Sankarankoil, to pass
orders after applying the judicial mind within a period of one month from
the date of receipt of a copy of this order.
11.Since the main order itself is set aside, the subsequent
proceedings conducted by the respondent police without following the
procedures is also quashed.
12.With the above direction, this criminal original petition is
disposed of.
24.04.2025
Internet:Yes
Index :Yes/No
NCC :Yes/No
LR
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To
1.The Judicial Magistrate,
Sankarankovil.
2. The State of Tamil Nadu,
Rep. by the Superintendent of Police,
O/o.Superintendent of Police,
Tenkasi District.
3. The Deputy Superintendent Of Police,
O/o. Deputy Superintendent of Police,
Sankarankovil,
Tenkasi District.
4. The Inspector of Police,
Thiruvengadam Police Station,
Thiruvengadam,
Tenkasi District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P. DHANABAL, J.
LR
24.04.2025
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