1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.15241 of 2011 S.Muniselvi @ Selvi ... Petitioner Vs. 1.The Commissioner of Police, Madurai City,Madurai. 2.The Sub Inspector of Police, All Women Police Station (South) Madurai City,Madurai. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondents to take necessary action on the complaint of the petitioner dated 18.11.2011 and register a case and consequently file final report within the time stipulated by this Court. For Petitioner :: Mr.A.Haja Mohideen For Respondents :: Mrs.S.Prabha,Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the respondents to take necessary action on the complaint of the petitioner dated 18.11.2011 and register a case and consequently file a final report within the stipulated time. 2. Heard Mr.A.Haja Mohideen, learned counsel appearing for the petitioner and Mrs.S.Prabha, learned Government Advocate (Criminal side) appearing for the State. 3. The learned counsel appearing for the petitioner would submit in his argument 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 (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. 5. Considering the submissions made by both sides, this Court directs the respondents to enquire into the matter and if any prima facie case is found, to register the complaint and if there is no prima facie case found, the respondents are entitled to close the petitoin. However, the petitioner is not remediless. 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. (2008(1) MLJ (Crl) 1393 (SC) equivalent to 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 failing 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 can 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 https://hcservices.ecourts.gov.in/hcservices/ 2 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, end against the petitioner. On such filing of the complaint, the Judicial Magistrate concerned may either refer under Section 156(3) Cr.P.C. or proceed under Section 200 Cr.P.C. Thereafter only the petitioner has to approach this Court, if necessary. Therefore, the petitioner should approach this Court only after exhausting all the processes of law as contemplated. But he had approached this Court without following the procedures mentioned therein and therefore this Court has no other option except to dispose of the petition with the aforesaid observations. Accordingly, this Petition is disposed of. SD ASST REGISTRAR(T&P) /TRUE COPY/ SUB ASST REGISTRAR gsr To 1.The Commissioner of Police, Madurai City,Madurai. 2.The Sub Inspector of Police, All Women Police Station (South) Madurai City,Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 1cc To M/S.A.Haja Mohideen, Advocate in SR No.41078 SB:08/12/2011 2p 5c Crl.O.P.(MD)No.15241 of 2011 https://hcservices.ecourts.gov.in/hcservices/