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Judgment
P.V.Kunhikrishnan, J
The above Writ Petition (Crl.) is filed with following prayers :
(i) “Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to register FIR, carry out a meaningful investigation and the file charge sheet in Ext.P1 complaint as per law.
(ii) Issue any other writ, order or direction.” [SIC]
The petitioner is the complainant in Ext.P1 private complaint filed before the Judicial First Class Magistrate, Adimaly. A perusal of Ext.P4 order sheet will show that the learned Magistrate forwarded the complaint to the Station House Officer under Sec.156(3) Cr.P.C. Thereafter, the Station House Officer without registering a case, submitted Ext.P2 report, in which it is stated that no offence is made out. Based on that report, the learned Magistrate has not passed any order.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
It is a settled position that if a complaint is forwarded under Sec.156(3) Cr.P.C., it is the duty of the officer concerned to register a case and investigate the matter in accordance to law. I failed to understand why the learned Magistrate is not taking any action based on Annexure-P2 report of the officer concerned. It is submitted that the case is posted to tomorrow (3.12.2022). The Magistrate will take appropriate steps in accordance to law based on the report submitted by the Inspector of Police, Rajakkad forthwith.
With the above observation, this W.P.(Crl.) is disposed of.