1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.616 of 2011 M.S.Muthuraman ... Petitioner Vs. 1. The Commissioner of Police, Madurai City. 2. The Inspector of Police, Teppakkulam Police Station, Madurai City. 3. The Deputy Superintendent of Police, CBCID, Madurai. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to order the withdrawal of Cr.No.not known of 2004 on the file of the second respondent and transfer it to the third respondent for investigation. For Petitioner : M/s. R.M.Makesh Kumaravel For Respondents : Mrs.S.Devasena Govt. Advocate (Crl.side) ORDER This petition has been filed to order the withdrawal of Cr.No.not known of 2004 on the file of the second respondent and transfer it to the third respondent for investigation. 2. Heard Mr.R.M.Makesh Kumaravel, learned counsel for the petitioner and Mrs.S.Devasena, learned Government Advocate (Criminal side) appearing for the State. 3. The learned Government Advocate (Crl.side) would submit in her argument that the complaint which was given in the year 2004, is yet to be registered and in the meanwhile, there is no possibility of seeking a direction to transfer the said case from the file of the second respondent to the third respondent. 4. The learned counsel for the petitioner would submit that the petitioner is ready to present a fresh complaint to the second respondent and investigation of the case may be ordered. 5. Considering the submissions made by both sides, this Court is inclined to permit the petitioner to present a fresh complaint to the second respondent within a period of one week from the date of receipt of a copy of this oder. On such presentation of the complaint, the second respondent police is directed to receive the same and to proceed further for finding a prima facie case and if prima facie case is made out, to register the https://hcservices.ecourts.gov.in/hcservices/ 2 complaint and if no prima facie case is made out, the second respondent police is entitled to close the petition and in such closure of petition, 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/- Deputy Registrar(Accounts) /TRUE COPY/ Assistant Registrar To 1. The Commissioner of Police, Madurai City. 2. The Inspector of Police, Teppakkulam Police Station, Madurai City. 3. The Deputy Superintendent of Police, CBCID, Madurai. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.R.M.Makesh Kumaravel, Advocate SR.No.5401 Crl.O.P.(MD)No.616 of 2011 09.02.2011 akv PA/21.02.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/