1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.15234 of 2011 S.Rajagopal ... Petitioner Vs. 1.The Commissioner of Police, Tirunelveli City, Tirunelveli. 2.The Inspector of Police, Palam Police Station, Tirunelveli. ... Respondents PRAYER:This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent police to register the complaint dated 06.05.2011 preferred by the petitioner and to take action against the accused in accordance with law. For Petitioner :Mr.R.Gandhi for M/s. M.Ajmal Khan For Respondents :Mrs.S.Prabha Govt. Advocate (Crl. Side) O R D E R This Criminal Original Petition has been filed to direct the second respondent police to register the complaint dated 06.05.2011 preferred by the petitioner and to take action against the accused in accordance with law. 2. Heard Mr.R.Gandhi, learned Counsel appearing for the petitioner and Mrs.S.Prabha, learned Government Advocate (Criminal Side) for the respondents. 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. https://hcservices.ecourts.gov.in/hcservices/ 2 4. According to the submissions of the learned Government Advocate(Criminal Side), the complaint given by the petitioner was treated as petition and enquiry was conducted and the same was closed on 03.06.2011. However, the petitioner is not remediless. 5. Considering the submissions made by both sides, 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 second 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. Accordingly, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli. 2.The Inspector of Police, Palam Police Station, Tirunelveli. 3.The Additional Public Prosecutor Madurai Bench of the Madras High Court Madurai +One cC to Mr.M.Ajmalkhan, Advocate, SR.No.41428 gsr rl/5c – 7.12.2011 Crl.O.P.(MD).No.15234 of 2011 23.11.2011 https://hcservices.ecourts.gov.in/hcservices/