1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).1965 of 2011 Soundararajan ... Petitioner Vs. 1. The Commissioner of Police, Madurai City, Madurai. 2. The Inspector of Police, Thilagar Thidal Police Station, Madurai. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the second respondent police to register a case on the complaint of the petitioner, dated 02.02.2011. For Petitioner : M/s. D.Muruganantham For Respondents : Mrs.S.Devasena, Govt. Advocate (Crl.Side) O R D E R This petition has been filed for a direction to the second respondent police to register a case, on the complaint of the petitioner, dated 02.02.2011. 2. The learned Government Advocate (Crl.side) would submit in her argument that the complaint has been enquired and it was closed on 12.02.2011 as it is a civil dispute in between the parties. 3. However, the learned counsel for the petitioner would request the Court that the dispute in between the parties may be referred to Mediation Centre and if not settled before Mediation Centre, the petitioner may be permitted to proceed in accordance with law by resorting to the principles laid down by the Hon'ble Apex Court in Sakiri Vasu v. State of U.P. reported in (2008 (1) MLJ (Crl) 1393 (SC). 4. Considering the submissions made by the learned counsel for the petitioner that the petitioner and the other proposed accused are close relatives and the dispute is based upon the division of properties in between the parties, it is better to refer the matter to the Mediation and Conciliation Centre attached to this Bench. Accordingly, the petitioner and the other proposed accused in the said complaint are directed to appear before the Mediation and Conciliation Centre and put forth their case for settlement on 28.02.2011 by 3.00 p.m. 5. The Registry is directed to submit the report of the Mediation and Conciliation Centre before the Court immediately after its receipt. https://hcservices.ecourts.gov.in/hcservices/ 2 6. In the event of any failure in the Mediation Centre, the petitioner is at liberty to proceed in accordance with law and 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 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 he 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. Sd/- Deputy Registrar(W) /True Copy/ Assistant Registrar To 1. The Commissioner of Police, Madurai City, Madurai. 2. The Inspector of Police, Thilagar Thidal Police Station, Madurai. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai. Copy to: 1. The Mediation and Conciliation Centre, Madurai Bench of Madras High Court,Madurai. 2. The Section Officer, Criminal Section Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.1965 of 2011 akv/SMA/23.2.2011/6C/2P 17.02.2011 https://hcservices.ecourts.gov.in/hcservices/