This criminal original petition has been filed under Section 482 of Cr.P.C., seeking to set aside the order passed by the Chief Judicial Magistrate, Tirunelveli dated 12.01.2010 in Cr.M.P.No.123 of 2010.
2.It is averred in the petition that the petitioner presented a complaint before the Chief Judicial Magistrate, Tirunelveli under
Section 156(3) of Cr.P.C., seeking direction to forward the complaint to the concerned Inspector of Police for registering a case and investigate the same. The Chief Judicial Magistrate, instead of forwarding the complaint presented by the petitioner, passed the impugned order treating the complaint as if given under
Section 200 of Cr.P.C., and ordered for enquiry under
Section 202 of Cr.P.C., Aggrieved by the said order, the petitioner/defacto complainant has come forward with this criminal original petition.
3.The learned counsel for the petitioner contends that the Chief Judicial Magistrate is not correct in ordering enquiry under
Section 202 of Cr.P.C., when the petitioner filed a petition under
Section 156(3) of Cr.P.C., seeking to forward the complaint to the jurisdictional police. He further contends that the offences alleged include the offences under Section Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and therefore, the investigation by a police officer is very much essential.
4.The learned counsel for the third respondent, per contra, contends that the Chief Judicial Magistrate is well within his jurisdiction in ordering enquiry under
Section 202 of Cr.P.C., instead of forwarding the complaint to the jurisdictional police for investigation under
Section 156(3) of Cr.P.C., and the order does not require any interference.
5.The petitioner presented the complaint before the Chief Judicial Magistrate under
Section 156(3) of Cr.P.C., requesting the Court to forward the same to the jurisdictional police for investigation. The allegation in the complaint is as against the police officials viz., Deputy Superintendent of Police, Sub Inspector of Police and also a Revenue Inspector of that area. When a complaint is presented before the Court under
Section 156(3) of Cr.P.C, the Presiding Officer is empowered to order an investigation by the officer-in-charge of a police station. In this case, as already pointed out, the allegation is as against the officials including the jurisdictional police officials and therefore, the Chief Judicial Magistrate though fit to enquire the matter under
Section 202 of Cr.P.C. Thus, the Chief Judicial Magistrate ordered for enquiry under
Section 202 of Cr.P.C., instead of forwarding the complaint under
Section 156(3) of Cr.P.C., to the jurisdictional police.
6.Another point raised by the learned counsel for the petitioner is that as per Rule 6 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, the spot inspection by the investigating officer is a must. According to the petitioner, had the complaint been forwarded to the jurisdictional police official, the investigating officer would be visited the spot as provided under the above said Rule 6. Here, in this case on hand, occurrence is alleged to have taken place on 23.07.2009. The complaint was presented to the Chief Judicial Magistrate only on 17.12.2009. Therefore, no purpose would be served, even if there is spot visit and therefore, the above argument is not sustainable. On perusal of the orders of the Chief Judicial Magistrate, this Court does not see any infirmity and therefore, this petition deserves to be dismissed.
7.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. However, the Chief Judicial Magistrate, Tirunelveli is directed to dispose of Crl.M.P.No.123 of 2010, if the same is pending, within a period of two months from the date of receipt of a copy of this order.
To
1.The Chief Judicial Magistrate, Tirunelveli.
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