Magistrates have discretion to dismiss petitions under Section 156(3) Cr.P.C. if complaints do not disclose cognizable offences, emphasizing the importance of sufficient detail in complaints.

COMMON ORDER

The Criminal Revisions in Crl.R.C.(MD)Nos.1190, 1193, 1229, 1234, 1287, 1288, 1289 and 1290 of 2023 are directed against the orders passed by the learned Judicial Magistrates, in dismissing the petitions filed under Section 156 (3) of the Code of Criminal Procedure .

2. The Criminal Revisions in Crl.R.C.(MD)Nos.1191 and 1192 of 2023 are directed against the orders dated 08.03.2023 on the file of the Court of the Judicial Magistrate, Nilakottai, in dismissing the petitions to condone the delay in re-presenting the petitions filed under Section 156 (3) of the Code of Criminal Procedure .

3. The case of the petitioner is that the petitioner is a Company incorporated and registered under the Companies Act, 1956, registered with the Department of Telecommunication, Government of India, as an Infrastructure Provider Category-1 (IP-1) and is engaged with business of installation and maintenance of passive infrastructures / Telecom towers for the licensed Telecom Operators across India including Chennai Circle, that the assets and liabilities of Aircel Private Limited were transferred to Chennai Network Infrastructure Ltd., vide orders of the High Court in C.P.Nos.103 and 110 to 112 of 2010 dated 16.06.2010 and are now vested with the petitioner's Company, that the petitioner or the petitioner's predecessors have entered into lease or license agreement with the owners of the various sites and thereafter had erected mobile towers and that the sites, which were taken on lease/license, are in possession of the petitioner and the towers erected thereupon are also owned and possessed by the petitioner's Company.

4. It is the further case of the petitioner that its representative visited the sites, in which, towers were erected and during inspection, they have found that mobile towers / equipment have been dismantled / stolen from the said sites, that upon enquiry, they came to understand that the said act of the dismantling the assets and / or theft of assets at their sites are caused by some miscreants / unknown persons / landlords, that the said towers and other ancillary equipment, i.e., entire tower, shelter, diesel generator, battery bank, etc., lying at the said sites were the legitimate assets belonging to the petitioner's Company and that due to the said intended/ unintended, unlawful theft and / or dismantling of the said assets, the petitioner's Company has been facing huge financial loss.

5. It is the further case of the petitioner that they have sent postal complaints to the concerned police stations and despite receiving the same, no action was initiated, that thereafter, they have sent postal complaints to the concerned District Superintendent of Police, but no action has been taken and that therefore, the petitioner is constrained to file the above petitions under Section 156 (3) Cr.P.C., seeking directions to the respondent police to register the F.I.R. for the offences under Sections 378 , 405, 441, 424 and 425 IPC r/w Section 25 of Indian Telegraph Act and to proceed with the investigation.

Crl.R.C.(MD)Nos.1191 and 1192 of 2023

6. The petitioner has filed petitions under Section 156 (3) Cr.P.C. before the Court of the Judicial Magistrate, Nilakottai and the said petitions came to be returned for rectification of some defects and that the petitioner's Company has re-presented the said petitions along with the above petitions under Sectio