1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.3032 of 2011 S.Jayabharathy ... Petitioner Vs. 1. Sub Inspector of Police, Thirukhostiyur Police Station, Sivagangai District. 2. Superintendent of Police, Sivagangai District, Sivagangai. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondents to register a case based upon the complaint of the petitioner, dated 22.2.2011. For Petitioner :: Mr. C.A.Ganapathi For Respondents :: Mr.L.Murugan Govt. Advocate (Crl.side) O R D E R This petition has been filed by the petitioner seeking for a direction to the respondents to register a case based upon the complaint of the petitioner, dated 22.2.2011. 2. Heard Mr.C.A.Ganapathi, learned counsel for the petitioner and Mr.L.Murugan, learned Government Advocate (Crl.side) appearing for the State. 3. The learned Government Advocate (Crl.side) would submit in his argument that the complaint given by the petitioner, dated 22.2.2011 was enquired into and it was closed by the respondent police advising the parties to seek remedy through Civil Court. 4. In the said circumstances, the petitioner is not remediless and the petitioner is always entitled to proceed in accordance with law as per the judgment of 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 discretion of the https://hcservices.ecourts.gov.in/hcservices/ 2 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 she 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. akv Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To 1. Sub Inspector of Police, Thirukhostiyur Police Station, Sivagangai District. 2. Superintendent of Police, Sivagangai District, Sivagangai. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +2 cc to Mr.C.A.Ganapathi, Advocate SR.No.11295. Crl.O.P.(MD)No.3032 of 2011 Dated:04.03.2011 2P/6C RPB 15.03.2011 https://hcservices.ecourts.gov.in/hcservices/