1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.2397 of 2011 Natarajan ... Petitioner Vs 1. The Superintendent of Police Ramnad District Ramnad 2. The Inspector of Police Paramakudi Town Polcie Station Paramakudi ... Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first and second respondents to register a first information report on the complaint of the petitioner dated 11.04.2009 and to investigation the same and to file a final report before the learned Judicial Magistrate of Paramakudi within a specific time frame. For Petitioner : Mr.V.Venkatesaperumal For Respondents : Mr.L.Murugan Government Advocate (Crl. Side) O R D E R This Criminal Original Petition has been filed to direct the first and second respondents to register a first information report on the complaint of the petitioner dated 11.04.2009 and to investigation the same and to file a final report before the learned Judicial Magistrate of Paramakudi within a specific time frame. 2. Heard Mr.V.Venkatesaperumal, learned counsel appearing 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 complaint given by the petitioner to the respondents was not registered. He would further submit in his argument that even though the learned Magistrate forwarded the complaint filed under Section 156(3) Cr.P.C. to the police to register a case, so far no case has been 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 (Criminal Side) would submit in his argument that the said complaint is under petition enquiry stage and if prima facie case is made out, the said complaint would be registered and the investigation would also be commenced. However, he would submit in his argument that if for any reason there is no prima facie case made out, it is for the petitioner to proceed in accordance with law and cannot seek a direction of this Court to register a complaint. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Considering the submissions made by both sides, this Court is inclinled to direct the second respondent to enquire into the complaint which was forwarded by the learned Magistrate under Sectino 156(3) and if any prima facie case is found in the complaint, to register the same and if there is no prima facie case found, the second respondent is entitled to close the petition and report compliance to this Court. In case of dropping of the case, the petitioner is not remediless since he is entitled to proceed in accordance with law and also as per the dictum laid down for registration of the complaint in a Judgment of 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 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/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1. The Superintendent of Police Ramnad District, Ramnad 2. The Inspector of Police Paramakudi Town Polcie Station, Paramakudi 3. The Additional Public Prosecutor Madurai Bench of Madras High Court,Madurai +1cc to Mr.V.Venkatesaperumal, Advocate SR.10054 vsg SR : 08.03.2011 : 2p/5c Crl.O.P.(MD).No.2397 of 2011 25.02.2011 https://hcservices.ecourts.gov.in/hcservices/