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.195 of 2011 O.Pothumani ... Petitioner Vs. 1. The Superintendent of Police, Theni District. 2. The Inspector of Police, Andipatti Police Station, Theni District. 3. The Sub Inspector of Police, Andipatti-Vaigai Dam Police Station, Theni District. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second and the third respondents to register a case upon the complaint of the petitioner dated 16.12.2010 and to conduct fair and impartial enquiry in accordance with law. For Petitioner :Mr.V.Thirumal 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 and the third respondents to register a case, upon the complaint of the petitioner, dated 16.12.2010 and to conduct fair and impartial enquiry, in accordance with law. 2. Heard Mr.V.Thirumal, 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 a complaint to the respondent police and the same was not registered. Hence, he requests this Court that the respondents may be directed to hold an enquiry and to register a case accordingly. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Government Advocate (Crl.side) would submit in his argument that prima facie case, a civil dispute is pending between the petitioner and the de-facto complainant. He would further submit that if any prima facie case is made out, the complaint will be considered and it will be registered and in the event of no prima facie case is made out, it cannot be registered. 5. Considering the submissions made by both sides, the respondent police are directed to go through the prima facie case and if any prima facie case is made, to register the case and investigate the matter. Further, 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(w) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Superintendent of Police, Theni District. 2. The Inspector of Police, Andipatti Police Station, Theni District. 3. The Sub Inspector of Police, Andipatti-Vaigai Dam Police Station, Theni District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.V.Thirumal, Advocate, Sr.No.902 Crl.O.P.(MD)No.195 of 2011 07.01.2011 SMA/27.01.2011/6C/3P https://hcservices.ecourts.gov.in/hcservices/