K PAULRAJ Vs. SUPRINTENDENT OF POLICE

JUDGEMENT

(1.) The petition is filed under Section 482 Cr.P.C. to call for the records in C.C. No. 117 of 2009 on the file of the learned Judicial Magistrate No. I, Thoothukudi and set aside the order dated 3.4.2009 and direct the 2nd respondent to register F.I.R.

(2.) The brief facts of the case is as follows: The petitioner filed a complaint before the 2nd respondent, which was neither enquired nor looked into and therefore, he was constrained to approach the learned Magistrate No. I, Thoothukudi under Section 156(3) Cr.P.C. seeking a direction to the respondents to register F.I.R. based on the complaint given by him. The petitioner had alleged that the proposed accused had forged a 'will' and executed a sale deed and also registered the same and thereby committed offence under Sections 419, 420, 465, 467, 468, 469, 471 and 474 I.P.C. However, the learned Judicial Magistrate No. I, Thoothukudi has held that the dispute is civil in nature and directed the petitioner to proceed under Section 200 Cr.P.C. as a private complaint. Aggrieved by the same, the petitioner has come before this Court for quashing the proceedings in C.C. No. 117 of 2009 and also the order dated 3.4.2009 on the following-grounds that:

(3.) Initially, on 13.3.2009 the petitioner had filed a complaint before the 2nd respondent/Superintendent of Police, Thoothukudi alleging offence punishable under Section 419, 420, 465, 467, 468, 469, 471 and 474 I.P.C. Since, no action has been taken, on 2.4.2009 he filed a petition under Section 156(3) Cr.P.C. before the learned Judicial Magistrate No. I, Thoothukudi for forwarding the complaint to the District Crime Branch for registering a case alleged on the said offences. The learned Judicial Magistrate passed an order dated 3.4.2009 in C.C. No. 117 of 2009. Aggrieved by such order, the petitioner has come forward with the present petition for the relief as stated supra.