1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.1883 of 2011 V.P.Soundarapandiyan ... Petitioner Vs State rep. by 1. The Commissioner of Police Trichy Trichy District 2. The Inspector of Police Woraiyur Police Station Trichy Trichy District ... Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent herein to register the complaint of the petitioner herein dated 09.02.2011 complaint sent to first respondent and investigate into the same in accordance with law and to file final report at the earliest. *** For Petitioner : Mr.S.Suresh Kumar For Respondents : Mr.L.Murugan Government Advocate (Crl. Side) O R D E R This Criminal Original Petition has been filed to direct the second respondent herein to register the complaint of the petitioner herein dated 09.02.2011 sent to first respondent and investigte into the same in accordance with law and to file final report at the earliest. 2. Heard Mr.S.Suresh Kumar, 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. 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. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Considering the submissions made by both sides, this Court could see that if any complaint is pending before the second respondent police, he is directed to enquire into the matter and if any prima facie case is found in the complaint, to register the same and if there is no prima facie case found, the fourth respondent is entitled to close the petition. In case of dropping of the case, the petitioner is not remediless since he is entitled to proceed in accordance with law and also as per the dictum laid down for registration of the complaint in a Judgment of 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 hasto 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 except to dispose the petition with the aforesaid observations. Accordingly, this Petition is disposed of. SD/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1. The Commissioner of Police,Trichy,Trichy District 2. The Inspector of Police Woraiyur Police Station, Trichy, Trichy District 3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai Crl.O.P.(MD).No.1883 of 2011 15.02.2011 vsg PAM 02.03.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/