ORDER :

R. Tharani, J.

1. This revision has been filed to set aside the order, dated 01.08.2019, in Cr. M.P. No. 3204/2019 passed by the Judicial Magistrate No. I, Madurai.

2. The case of the petitioner is that on 02.10.1997, a Trust was created by name, Dhanam Trust, the head office is at Madurai, a self help group, by name, Kalanjiyam group and an agriculturists group jointly created a Trust, by name, Sugam Trust. 5 lakhs poor families from six States are the beneficiaries of the Trust. All the general body meetings used to be held only at Madurai. The Managing Trustee of Sugam Trust by name R. Rajapandian, is supervising Trust from Madurai Centre. Sugam hospital, Salem Branch is under the control of the Madurai registered office. The Audit report used to be filed only in Madurai.

3. From the year 2012 till today all the accounts of Sugam hospital, Salem branch, is maintained by one Sivarani at the Salem branch hospital. The administration of Sugam hospital, Salem, entrusted with one Logeswari. Logeswari and the above said Sivarani and the chiefs of three self help organisations by name Pachaiammal, Sivakami and Govindammal were entrusted with the Bank activities. Without the authority of Managing Trustees, the above persons swindled a sum of Rs. 77,00,00/- of the trust amount. The employees of Pallavan Grama Bank and REPCO Bank also colluded in the cheating. On 27.02.2020, when Palaneeswari, Sivakumar and Ganesh Kumar were entrusted with the work of monthly audit went there, these people (viz., Logeswari, etc.,) scolded them in filthy language and they did not allow the authorised people to conduct the monthly audit. Again on 05.03.2019, Gurunathan, Anandakumar, and Logamadha and Palaneeswari, who were entrusted with the audit work, were scolded and threatened by the respondents 2 to 6. The respondents 2 to 6 are creating defamatory statement (mtJ}W) about the trust and they are trying to transfer huge amount from the Sugam Trust to a separate Trust created by them, by name ACE Foundation.

4. The first respondent therein/Sivarani sent a letter dated 14.03.2019, stating that she is withdrawing from the Post of Chairman of the Trust. She has already served two full terms, her term completed on 15.03.2019, another Trustees were appointed by the Trust and at present the first respondent therein/Sivarani is not a member of the Trust and she is suspended from the Trustees. Even then, she is disturbing the Administration of the Trust hospital, without the approval of the Trust Rs. 75,00,000/- of Trust money was transferred to some other Trust. Hence, on 02.05.2019, a complaint was lodged before the Commissioner of Police, Madurai. That complaint was forwarded to the Inspector of Police, CCB, Madurai and no steps was taken by the Inspector of Police, CCB, on that complaint so far. The respondents 2 to 6 are liable under Sections 420, 406, 468, 471, 477(A) and 506(ii) I.P.C. A complaint was lodged before the Judicial Magistrate No. 1, Madurai and the complaint was referred to the Inspector of Police, Crime Branch, Madurai City/respondent police, under Section 156(3) Cr.P.C. Instead of registering FIR, the respondent police sent a report to the Magistrate stating that they do not have a jurisdiction, to register the case.

5. The respondent police cannot fix the jurisdiction, even if, the respondent police is not having a jurisdiction, it is the duty of the respondent police to register an F.I.R., and then to transfer the same to the investigation Agency having a jurisdiction.

6. Brief substance of the counter filed by the first respondent is as follows:

The petitioner preferred a private complaint before the Judicial Magistrate No. I, Madurai. When the same was forwarded to the first respondent under Section 156(3) Cr.P.C., the first respondent filed a report before the Judicial Magistrate No. I, Madurai, on 17.07.2019, narrating that all the allegations and the business transactions took place only at Salem and the first respondent has no j