1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.3005 of 2011 J.Sunitha @ Mehtalin Sunitha ... Petitioner Vs. 1. State, represented by The Superintendent of Police, Trichy, Trichy District. 3. The Inspector of Police, All Women Police Station, Thiruvarumbaur, Trichy District. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent herein to register a case pursuant to the order dated 27.12.2010 in Despatch No.2028 of 2010, passed by the learned Judicial Magistrate No.V, Trichy and to investigate into the same in accordance with law. and to file a final report at the earliest and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : M/s.B.Jameel Arasu For Respondents : Mr.L.Murugan Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed by the petitioner seeking for a direction to the second respondent to register a case against the accused person based on the petitioner's complaint, dated 11.02.2011. 2. Heard Mr.A.S.Gopalamanikandan, learned counsel 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 second respondent 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 (Crl.side) would submit in his argument that so far no complaint has been received by the respondents as stated by the petitioner. He would further submit that if any complaint is received by the respondents, the respondents will go into the allegations and it will be enquired and if any prima facie case is made out, the said complaint would be registered and the investigation would be commenced. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Considering the submissions made by both sides, this Court is inclined to direct the petitioner to appear before the second respondent police and to give a copy of the complaint within a period of one week from the date of receipt of a copy of this order and the second respondent is directed to receive the complaint and on receipt of the same, the second respondent police is directed to go through the veracity of the allegations and if prima facie case is made out, to register the complaint and if no prima facie case is made out, the said police is at liberty to close the petition and if the petition is closed, the petitioner is not remediless and the petitioner is always entitled to proceed in accordance with law 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/- Assistant Registrar (Admn) /True copy/ Sub Assistant Registrar(C.S) To 1. The Judicial Magistrate No.V, Trichy 2. The Superintendent of Police, Trichy, Trichy District. 3. The Inspector of Police, All Women Police Station, Thiruvarumbaur, Trichy District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Akv Crl.O.P.(MD)No.3005 of 2011 04.03.2011 TR : 18.03.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/