1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.509 of 2011 K.G.Gnanasekaran ... Petitioner Vs. 1.The Commissioner of Police, Madurai City, Madurai. 2.The Sub Inspector of Police, Pudur Police Station, Madurai. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondents to register the case on the complaint of the petitioner dated 03.01.2011 and investigate and file final report within a stipulated time as fixed by this Court. For Petitioner :: Mr.P.Mahendran For Respondents :: Mr.L.Murugan Govt. Advocate (Crl.side) O R D E R This petition has been filed to direct the respondents to register a case on the complaint of the petitioner dated 03.01.2011 and investigate the same and file a final report within a stipulated time. 2. Heard Mr.P.Mahendran, learned counsel appearing for the petitioner and Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the State. 3. The learned counsel appearing for the petitioner would submit that 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 both parties have endorsed in the complaint that they would approach the civil Court for redressing the dispute. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The learned counsel appearing for the petitioner would submit in his argument that the petitioner has not endorsed so. 6. If it is so, it is for the petitioner to proceed in accordance with law by resorting the guidelines given in the Judgment of 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 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 has not resorted to seek remedy before the jurisdictional Judicial Magistrate concerned before approaching this Court for his remedy. Therefore, it has become necessary for this Court to direct the petitioner to file a complaint before the Judicial Magistrate concerned for being either referred under Section 156(3) Cr.P.C. or to be proceeded under Section 200 Cr.P.C. and thereafter 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 (Writs) /True Copy/ Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai. 2.The Sub Inspector of Police, Pudur Police Station, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.509 of 2011 18.01.2011 smn NSV/24.1.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/