1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.873 of 2011 Gandhimathi ... Petitioner Vs. State rep. by 1. The Superintendent of Police Thanjavur Thanjavur District 2. The Inspector of Police West Police Station Kumbakonam Thanjavur District ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent herein to register the complaint of the petitioner herein dated 01.11.2010 investigate into the same in accordance with law and to file final report at the earliest. For Petitioner : Mr.A.Joel Paul Antony 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 herein to register the complaint of the petitioner herein dated 01.11.2010 investigate into the same in accordance with law and to file final report at the earliest. 2. Heard Mr.A.Joel Paul Antony, 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 petitioner has sent a complaint through post, but it was said to have been refused. 4. The learned Government Advocate (Crl. Side) would submit in his argument that so far no complaint has been received by the respondents as stated by the petitioner. He would further submit that if any complaint is received by the respondents, the respondents will go into the allegations and it will be enquired and if any prima facie case is made out, the said complaint would be registered and the investigation would be commenced. 5. Considering the submissions made by both sides, this Court is inclined to direct petitioner to present the complaint before the second respondent within a period of ten days from the date of receipt of a copy of this order. On such presentation of the complaint from the petitioner, https://hcservices.ecourts.gov.in/hcservices/ 2 the second respondent is directed to receive the complaint and to proceed with the case and if for any reason there is no prima facie case is made out, it is for the petitioner to proceed with the matter 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 (P&A) /True copy/ Sub Assistant Registrar To 1. The Superintendent of Police Thanjavur,Thanjavur District 2. The Inspector of Police West Police Station Kumbakonam,Thanjavur District 3. The Additional Public Prosecutor Madurai Bench of the Madras High Court,Madurai Vsg SR : 03.02.2011 : 2p/4c Crl.O.P.(MD).No.873 of 2011 28.01.2011 https://hcservices.ecourts.gov.in/hcservices/