V S VEERASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE brief facts that are necessary for the disposal of the above criminal original petition are as follows:-The petitioner herein filed a private complaint before the learned Judicial Magistrate No. VI, Coimbatore, against one Lakshmi and nine others alleging the fabrication of false records etc. , which according to the petitioner amounted to offence under Sections 120 (b), 465, 468, 471, 511, 423, 424, 441 and 447 of the Indian Penal Code. The learned Magistrate by his proceedings in D. No. 1042 of 2007 dated 26. 06. 2007 forwarded the said private complaint under Section 156 (3) of the Criminal Procedure Code to the respondent herein for registering a case and investigating and for filing a report within a period of one month. On receipt of the said proceedings the respondent herein instead of registering a case and taking up investigation had conducted a preliminary enquiry and has sent a report concluding that the complaint discloses only a civil dispute and further action can be taken only after the disposal of the civil suits pending between the parties. Being aggrieved by that the petitioner has filed the above criminal original petition seeking a direction to the respondent to register the case as per the orders of the learned Magistrate.

(2.) HEARD Mr. V. Balu learned counsel for the petitioner and Mr. A. Saravanan learned Government Advocate (Crl. Side) for the respondent.

(3.) LEARNED counsel for the petitioner submitted that when the learned Magistrate by his proceedings has directed the respondent to register the case and investigate, it is the mandatory duty on the part of the respondent to first register the case and then investigate the same and thereafter file a final report either way. But instead of registering a case the respondent had conducted only a preliminary enquiry and has sent the report, which according to the learned counsel, is against the provisions contained in Sections 156 (3) and 157 of the Criminal Procedure Code.