1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.14679 of 2011 V.Karuppan :Petitioner -Vs- 1.The Superintendent of Police, Thanjavur District, Thanjavur. 2.The Inspector of Police, Vallam Poice Station, Thanjavur District. :Respondents PRAYER:This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register the case on the basis of the petitioner's complaint dated 07.11.2011. For Petitioner :Mr.S.R.A.Ramachandran For Respondents:Mr.P.Kannithevan, Govt. Advocate (Crl.side) ORDER This Criminal Original Petition has been filed to direct the respondent police to register the case on the basis of the petitioner's complaint dated 07.11.2011. 2.Heard Mr.S.R.A.Ramachandran, learned counsel for the petitioner and Mr.P.Kannithevan, 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 respondents may be directed to hold an enquiry and to register a case accordingly. 4.The learned Government Advocate (Crl.side) would submit in his argument that the 2nd respondent did not receive any complaint from the petitioner. He would further submit that if the petitioner appears before the 2nd respondent and gives any complaint, the 2nd respondent would enquire into the matter 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 on either side, the petitioner is directed to appear before the 2nd respondent police and give a copy of complaint dated 07.11.2011 within a period of one week from the date of receipt of a copy of this order. On such receipt of the complaint from the petitioner, the 2nd respondent is directed to go into the allegations made https://hcservices.ecourts.gov.in/hcservices/ 2 therein and to find out the prima facie case and if there is any prima facie case made out, the 2nd respondent is directed to register the case on the complaint of the petitioner and if for any reason, there is no prima facie case made out, they may drop the matter and close the complaint. 6.However, the petitioner is not remediless. 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). 7.According to the said judgment, the complainant should approach the Superintendent of Police, in the event of the 2nd 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 and 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. 8.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 the complaint under Section 156(3) Cr.P.C. or to proceed under Section 200 Cr.P.C. Thereafter only, the petitioner has to approach this Court, if necessary, only after exhausting all the process of law as contemplated. But, in the present case, the petitioner 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. 9.Accordingly, this Petition is disposed of. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Superintendent of Police, Thanjavur District, Thanjavur. 2.The Inspector of Police, Vallam Police Station, Thanjavur District. 3.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai vsm Crl.O.P.(MD)No.14679 of 2011 RP/13.12.2011/2P/4C. 07.12.2011 https://hcservices.ecourts.gov.in/hcservices/