ABDUL JALAL Vs. STATE OF KERALA

JUDGEMENT

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