1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.154 of 2011 R.Aravinda Kumar ... Petitioner Vs. 1. The Superintendent of Police, Theni District. 2. The Inspector of Police, District Crime Branch, Theni District. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the case and complete the investigation with the stipulated time of the petitioner's complaint dated 06.12.2010 and take action in accordance with law. For Petitioner :Mr.H.Velavadhas For Respondents :Mr.L.Murugan Govt. Advocate (Crl.side) *** O R D E R This Criminal Original Petition has been filed to direct the second respondent to register the case of the petitioner's complaint dated 06.12.2010 and completed the investigation with the stipulated time and take action in accordance with law. 2. Heard Mr.H.Velavadhas, learned counsel for the petitioner and Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the State. 3. The learned counsel for the petitioner would submit in his argument that the petitioner has given two complaints to the first respondent police and they have forwarded the complaint to the second respondent police and the complaint given by the petitioner to the respondents was not registered. Hence, he requests this Court that the respondents may be directed to hold an enquiry and to register a case accordingly. 4. The learned Government Advocate (Crl.side) would submit in his argument that so far no complaint has been received from the first respondent as given by the petitioner. He would further submit that if it is received from the first respondent, the second https://hcservices.ecourts.gov.in/hcservices/ 2 respondent will go into the allegations and it will be enquired as to prima facie case and if prima facie case is made out, the said complaint would be registered and the investigation would also be commenced. 5. Considering the submissions made by the 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 should approach the Judicial Magistrate concerned by filing a complaint 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 a complaint before the Judicial Magistrate concerned if necessary, after the formalities before police, ended against the petitioner. On such filing of the complaint, the Judicial Magistrate concerned 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/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The Judicial Magistrate, Theni 2.The Superintendent of Police, Theni District. 3 The Inspector of Police,District Crime Branch,Theni District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai. Ssl ssk/22.01.2011 /5c -2p/- Crl.O.P.(MD)No.154 of 2011 07.01.2011 https://hcservices.ecourts.gov.in/hcservices/