1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.461 of 2011 Mookkan ... Petitioner Vs. 1. The District Superintendent of Police, Virudhunagar District, Virudhunagar. 2. The Inspector of Police, Kariyapatti Police Station, Kariyapatti, Virudhunagar 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 a case for an alleged offences punishable under Sections 294(b), 506(i) I.P.C. and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Ordinance, 2003 on the basis of the petitioner complaint given to the second respondent dated 25.10.2010. For Petitioner :Mr.R.Murugappan For Respondent :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 a case for an alleged offences punishable under Sections 294(b), 506(i) I.P.C. and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Ordinance, 2003 on the basis of the petitioner complaint given to the second respondent dated 25.10.2010. 2. Heard Mr.R.Murugappan, 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 complaint given by the petitioner to the second respondent was not registered. Hence, he requests this Court that the second respondent 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 the complaint has been sent by the petitioner through post and if he appears before the respondent police and gives a complaint it will be taken and it will be enquired and if any 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 is inclined to direct the petitioner to appear before the second respondent police and to submit a copy of the complaint already sent through post and to obtain a receipt within a period of one week from the date of receipt of a copy of this order. On such receipt of the complaint from the petitioner, the second respondent is directed to go into the allegations made therein and to find out the prima facie case and 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. 6. 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/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The District Superintendent of Police, Virudhunagar District, Virudhunagar. 2. The Inspector of Police, Kariyapatti Police Station, Kariyapatti, Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.R.Murugappan, Advocate, Sr.No.2006 ssl ssk/25.01.2011 /5c -3p/- Crl.O.P.(MD)No.461 of 2011 18.01.2011 https://hcservices.ecourts.gov.in/hcservices/