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.2446 of 2011 S.Piramila Devi ... Petitioner Vs. 1. The District Superintendent of Police Office of the District Superintendent of Police Madurai 2. The Inspector of Police All Women Police Station Thirupparankundram Madurai ... 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 on the complaint lodged by the petitioner, on 11.10.2010 for which receipt was given by the second respondent. For Petitioner : Mr.K.Manikandan 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 to register a case on the complaint lodged by the petitioner, on 11.10.2010 for which receipt was given by the second respondent. 2. Heard Mr.K.Manikandan, 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. Hence, he requests this Court that the second respondent may be directed to hold an enquiry and to register a case accordingly. 4. According to the submission of the learned Government Advocate (Criminal Side), the report of the Social Welfar Officer is awaited and on receipt of such report, the case will be registered depending upon the prima facie case. In such circusmtances, this Court is inclined to pass a direction to register the complaint within a period of one week from the date of receipt of a copy of this order, if the Social Welfare Officer https://hcservices.ecourts.gov.in/hcservices/ 2 report shows prima facie case and in case, if the complaint is not registered, the petitioner is not remediless. Therefore, 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. vsg Sd/- Assistant Registrar[P&A] /True copy/ To Sub Assistant Registrar 1. The District Superintendent of Police Office of the District Superintendent of Police Madurai 2. The Inspector of Police All Women Police Station Thirupparankundram Madurai 3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD).No.2446 of 2011 Dated:25.02.2011 2P/4C RPB 04.03.2011 https://hcservices.ecourts.gov.in/hcservices/