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.2888 of 2011 Muthukumar ... Petitioner Vs. 1. The District Superintendent of Police, Virudhunagar District, Virudhunagar. 2. The Sub-Inspector of Police, Paralachi Police Station, Virudhunagar District ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the case for the alleged offences punishable under Sections 294(b),342,324 and 506(ii) of IPC on the basis of the petitioner's complaint given to the second respondent, dated 24.01.2011. For Petitioner : M/s.R.Murugappan 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 on the basis of the complaint given by the petitioner, dated 24.01.2011. 2. Heard the learned counsel for the petitioner and the 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 (Criminal side) would submit in his argument that the petitioner is not co-operating with the investigation. 5. Considering the submissions made by both sides, the petitioner is directed to co-operate with the investigation and the second respondent police is also directed to ascertain the prima facie case from the complaint and if it is made out, to register the complaint and if no prima facie case is made out, to drop the complaint. In the said circumstances, the petitioner is not remediless. The relief sought for by the petitioner for registration of the complaint has been dealt with by the Hon'ble Apex Court Sakiri https://hcservices.ecourts.gov.in/hcservices/ 2 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(P&A) /True Copy/ Sub Assistant Registrar To 1. The District Superintendent of Police, Virudhunagar District, Virudhunagar. 2. The Sub-Inspector of Police, Paralachi Police Station, Virudhunagar District 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.R.Murugappan, Advocate, Sr.No.11504 Crl.O.P.(MD)No.2888 of 2011 04.03.2011 akv SMA/17.03.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/