1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.259 of 2011 K.R.Nachammai Achi ... Petitioner Vs. State Represented by The Inspector of Police, Karaikudi South Police Station, Karaikudi, Sivagangai District. ... Respondent Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent to register the case based on the petitioner's complaint dated 13.10.2010 and give adequate Police Protection to the property and life of the petitioner. For Petitioner : Mr.AL.Gandhimathi For Respondent : Mr.L.Murugan, Government Advocate (Crl. Side) ORDER This petition has been filed to direct the respondent to register the case based on the petitioner's complaint dated 13.10.2010 and give adequate Police Protection to the property and life of the petitioner. 2. Heard Mr.AL.Gandhimathi, learned counsel appearing for the petitioner and Mr.L.Murugan, learned Government Advocate (Crl. Side) appearing for the respondent state. 3. The learned Government Advocate (Crl. Side) would submit in his argument that the petitioner herself has not pressed the complaint given by her on 13.10.2010 and hence nothing survives in the present petition. 4.The learned counsel for the petitioner would submit in his argument that the endorsement so made by the petitioner was only temporary and if for any exigency arises for filing complaint, once again, the petitioner may be permitted to move the respondent for redressal with the liberty to approach the respondent police if for any exigency arises in future. 5. Considering the submissions made on either side, the respondent is directed to go into the allegations made in the complaint dated 13.10.2010 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 https://hcservices.ecourts.gov.in/hcservices/ 2 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 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. 7. Accordingly, this Petition is disposed of. Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Karaikudi South Police Station, Karaikudi,Sivagangai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai. Crl.O.P.(MD).No.259 of 2011 21.01.2011 vsm/SMA/2.2.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/