In a significant ruling, the Madurai Bench of the Madras High Court directed the Judicial Magistrate of Sathankulam, Thoothukudi District, to refer a theft complaint for police inquiry without insisting on the submission of receipts for the stolen items. The decision was delivered by Justice B. Pugalendhi in the case of Shanthi vs. Jeyachitra & Others (CRL.O.P (MD) No. 10603 of 2024).
Background of the Case
The petitioner, Shanthi, filed a criminal original petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.), seeking to set aside the docket order of the Judicial Magistrate, Sathankulam, which had returned her application filed under Section 156(3) Cr.P.C. The application requested the Magistrate to refer her complaint for a preliminary police inquiry. Shanthi alleged that a motor pump set and wires had been stolen from her agricultural field, and she suspected the adjacent landowners.
Legal Issues Involved
The primary legal issue in this case revolved around the requirements for referring a complaint under Section 156(3) Cr.P.C. to the police for investigation. The Judicial Magistrate had returned Shanthi’s application on several grounds, including:
1. Process memo not filed.
2. Stamp not affixed on xerox copies.
3. No documents regarding the theft properties filed.
4. No clear prayer mentioned against all the accused persons.
Shanthi contended that she had complied with all conditions except for providing receipts for the stolen items, as she did not maintain such documents.
Court’s Decision
Justice B. Pugalendhi observed that the absence of receipts for the stolen motor pump set and wires should not be a sole reason to deny the referral of the complaint for police inquiry. The court emphasized that the Judicial Magistrate should focus on whether a prima facie offence is made out.
Key Observations:
– “The motor pump set and wires have been stolen from the petitioner’s agricultural land. However, she is not having any receipts for the same. On this score alone, reference under Section 156(3) Cr.P.C. cannot be denied.”
– “It can be referred to the police officer concerned for conducting an enquiry and to ascertain whether any offence has been made out and thereafter, a case shall be registered.”
The court directed the Judicial Magistrate, Sathankulam, to refer Shanthi’s complaint to the concerned police officer for inquiry, provided she had complied with the other procedural requirements.
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Parties Involved:
– Petitioner: Shanthi
– Respondents: Jeyachitra, Anthony Rajan, Edison, Roshan, Selvarathinam, John, Pounraj
– Petitioner’s Counsel: Mr. R. Karunanidhi
