Reference U/s. 156(3) CrPC Cannot Be Refused For Not Producing Receipts Of Stolen Goods: Madras High Court
The Madras High Court held that reference under Section 156(3) of the Cr.P.C. cannot be denied for not having the receipts of the stolen goods.
The Court held that while dealing with an application filed under Section 156(3) of the Cr.P.C, a court has to ascertain whether a prima facie offence is made out or not. The Court explained that such cases can be referred to the police to conduct an enquiry to ascertain whether any offence has been made out or not.
A Single Bench of Justice B. Pugalendhi observed, “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.”
Advocate R. Karunanidhi appeared for the petitioner.
The petitioner had filed a complaint before the Judicial Magistrate under Section 156(3) of the Cr.P.C. with a request to refer the complaint for preliminary enquiry. However, the Judicial Magistrate returned the application on the grounds that no documents regarding the alleged theft were filed.
A petition was filed under Section 482 of the Cr.P.C. to set aside the docket order of the Judicial Magistrate court under Section 156(3) of the Cr.P.C.
According to the petitioner, the motor pump set and wires had been stolen from her agricultural field. However, she claimed that she did not maintain any receipts or bills of the same with her. Before it went missing, the petitioner submitted that the motor was in existence with its wire and was in use. The petitioner stated to have doubts about the adjacent landowners regarding her ‘stolen’ motor pump.
The Court noted that the petitioner claimed a motor pump set and wires were stolen from her agricultural field, but she did not have receipts of the same. However, the Court stated that the existence of these items, now missing, was sufficient to refer the police to conduct an inquiry.
“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 observed.
Consequently, the Court held, “The learned Judicial Magistrate, Sathankulam, Thoothukudi District, is directed to refer the petitioner's complaint filed under Section 156(3) Cr.P.C, without insisting for the receipts, provided if she has complied with the other returns.”
Accordingly, the High Court allowed the petition.
Cause Title: Shanthi v. Jeyachitra & Ors.
