ORDER :

1. Heard, learned advocate Mr. Apurva Jani for the applicant in criminal revision application. Attention of the Court is drawn to a judicial order dated 03.04.2023 passed by the learned Additional Chief Judicial Magistrate, Talaja, District Bhavnagar (the learned Additional Chief Judicial Magistrate) on a complaint, noted to be as ‘unregistered Criminal Application No. 1 of 2023’. It is unheard of that a complaint which is filed and number is titled as ‘unregistered’.

2. Learned advocate Mr. Apurva Jani for the applicant submitted that the learned Additional Chief Judicial Magistrate, instead of registering the complaint under inquiry register, without even observing the facts of the complaint, had straightaway returned back the complaint where, no such procedure is laid down in the Criminal Procedure Code, 1973 (for brevity ‘Cr.P.C’) except that under Section 201 of the Cr.P.C. when a complaint is made to a Magistrate not competent to take cognizance of the offence. Learned advocate Mr. Jani stated that, if the complaint made to the learned Additional Chief Judicial Magistrate was found to be not competent to take cognizance, then he ought to have returned it for presentatio