1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.OP(MD)No.14769 of 2011 O.Ramesh Babu :Petitioner -Vs- 1.The Deputy Superintendent of Police, Kodaikanal Police Station, Kodaikanal. 2.The Sub Inspector of Police, Kodaikanal Police Station, Kodaikanal. 3.Mr.Justin Prakash :Respondents Prayer:Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Deputy Superintendent of Police, the first respondent herein to direct the Sub-Inspector of Police, Kodaikanal, the second respondent herein to register the case under Section 379 of IPC against the third respondent herein. For Petitioner : Mr. C.Jagadish Ilango For RR 1 & 2 : Mr.P.Kannithevan,Government Advocate (Crl. Side) ORDER This petition has been filed to direct the Deputy Superintendent of Police, the first respondent herein to direct the Sub-Inspector of Police, Kodaikanal, the second respondent herein to register the case under Section 379 of IPC against the third respondent herein. 2.Heard Mr. C.Jagadish Ilango, learned counsel appearing for the petitioner and also Mr.P.Kannithevan, learned Government Advocate (Criminal side) appearing for the State. 3.The gist of the case are as follows: The petitioner preferred a complaint before the respondent police to take action against the third respondent. But, the second respondent has not registered the case, so far. Hence, the petitioner prays to direct the first respondent to direct the second respondent police to act upon the complaint of the petitioner and register a case against the third respondent concerned in the above case and deal with them in accordance with law. 4.The learned counsel for the petitioner would submit in his argument that the complaint given by the petitioner to the second respondent police was not registered by the said police and it was not investigated further, despite the complaint contains ingredients to show the criminality of the accused person. He would further submit in his argument that the second respondent may be directed to hold an enquiry and to register the case accordingly. https://hcservices.ecourts.gov.in/hcservices/ 2 5.The learned Government Advocate (Criminal side) would submit in his argument that the said complaint is under petition enquiry stage and if prima case is made out, the said complaint would be registered and the investigation would also be commenced. However, he would submit that if for any reason there is no prima case made out, it is for the petitioner to proceed in accordance with law and cannot seek a direction of this Court to register the complaint. 6.Considering the submissions made by both sides, this Court could see that the relief sought for by the petitioner for registration of the complaint has been dealt with by the Hon'ble Apex Court in Sakiri Vasu v. State of U.P. reported in 2008(1) MLJ (Crl) 1393 (SC) equivalent to the Judgment reported in 2007 (4) Crimes 338 (SC). According to the said Judgment, the complainant should approach the Superintendent of Police in the event of the second respondent police failed to proceed with the registration of the complaint and on the failure of the Superintendent of Police to pass any order under Section 154(3) Cr.P.C., the complainant could approach the Judicial Magistrate concerned by filing a complaint before him either under Section 190 Cr.P.C. or under Section 200 Cr.P.C. to pursue the complaint. It is the discretion of the learned Judicial Magistrate either to take cognizance of the case under Section 200 Cr.P.C. or to refer the complaint for being investigated by the jurisdictional police under Section 156(3) Cr.P.C. So far as, this case is concerned, the petitioner is yet to seek remedy before the Jurisdictional Judicial Magistrate concerned before approaching this Court. Therefore, it has become necessary for this Court to direct the petitioner to file the complaint before the Judicial Magistrate concerned if necessary, after the formality before police, ended against the petitioner. On such filing of the complaint, the learned Judicial Magistrate concern may either refer under Section 156(3) Cr.P.C. or to proceed under Section 200 Cr.P.C. Thereafter only the petitioner to approach this Court, if necessary. Therefore, the petitioner should approach this Court only after exhausting all the process of law as contemplated. But he had approached this Court without following the procedures mentioned therein and therefore this Court has no other option to dispose the petition with the aforesaid observations. Accordingly, this Petition is disposed of. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Deputy Superintendent of Police, Kodaikanal Police Station, Kodaikanal. 2.The Sub Inspector of Police, Kodaikanal Police Station, Kodaikanal. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Vsg Crl.O.P.(MD).No.14769 of 2011 RP/16.11.2011/2P/4C. 14.11.2011 https://hcservices.ecourts.gov.in/hcservices/