S. M. B. Mohideen Fatima v. S. A. K. Mahmood Neina Haji
2014-08-01
P.R.SHIVAKUMAR
body2014
DigiLaw.ai
Judgment : Heard both sides. 2. This Revision has been preferred against the order of the learned Judicial Magistrate No.I, Thoothukudi dated 19.11.2012, dismissing the petition filed by the petitioner herein under Section 156(3) Cr.P.C. seeking an order forwarding the petition to the District Crime Branch, Thoothukudi for registration of an F.I.R. and investigation. The learned Judicial Magistrate assigned Crl.M.P.No.7343 of 2012 to the said petition. After hearing, the learned Judicial Magistrate found out that no prima facie case for a cognizable offence had been made out and that therefore the prayer sought for in the said petition should not be granted. The petitioner had averred in his petition that the respondent being a stranger to the property, created a fraudulent document in the years 1944 and 1966 and got the patta pertaining to the property changed in his name and that therefore, he was liable to be prosecuted for offences under Sections 419, 465, 468, 471 and 420 of I.P.C. The learned Judicial Magistrate came to a correct conclusion that a dispute which is civil in nature was sought to be given a criminal flavour and in such circumstances, the Magistrate should not simply act as a postman to forward the petition to the police. For the purpose of registration of an F.I.R. and investigation of the case. 3. Perhaps due to the passing reference in some of the judgments that the informant, aggrieved by the in action on the part of the police, could either approach the High Court under Section 482 Cr.P.C. or the Magistrate for a direction under Section 156(3) Cr.P.C., the litigants show an inclination to invariably file a petition under the said provision with a prayer that the petition be forwarded to the police for action instead of adopting the procedure contemplated in the Cr.P.C. to be followed for making the Judicial Magistrate take cognizance of the offence otherwise than on a police report. The present trend seems to consider the Judicial Magistrate as a post office to forward whatever garbage that may be produced in the form of a petition under Section 156(3) Cr.P.C. to the police.
The present trend seems to consider the Judicial Magistrate as a post office to forward whatever garbage that may be produced in the form of a petition under Section 156(3) Cr.P.C. to the police. This unfortunate situation is no doubt encouraging the unscrupulous police to stay away their hands, without registering a case and directing the informant to seek an order from the Magistrate making a reference of such a petition under Section 156(3) Cr.P.C. so that they can take umbrage under the order. 4. In many civil matters that reach the police station camouflaged as an information regarding a criminal offence the police either conduct an informal enquiry without registering F.I.R., knowing well that a civil matter is being sought to be converted into a criminal offence or the police advice them that they would be armed with an order of Magistrate to poke their nose in the civil matters. This sorry state of affairs should be brought to an end and this is a fit case in which the learned Judicial Magistrate has applied his mind and decided against the prayer made in the petition. There is no defect in the order and the same does not warrant any interference by this Court in exercise of its power of revision. Accordingly, the Revision Case is dismissed.