1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.343 of 2011 S.Muthupandiarajan ... Petitioner Vs. 1.The Commissioner of Police, Madurai. 2.The Inspector of Police, CCB, Madurai (Central Crime Branch) ... Respondents Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the second respondent to register a case on the complaint given by the petitioner on 11.05.2010 over the accused. For Petitioner : Mr.R.Ramasamy For Respondents : Mr.L.Murugan, Government Advocate (Crl. Side) ORDER This petition has been filed to direct the second respondent to register a case on the complaint given by the petitioner on 11.05.2010. 2. Heard Mr.R.Ramasamy, learned counsel appearing for the petitioner and Mr.L.Murugan, learned Government Advocate (Crl. Side) appearing for the respondents. 3. The learned counsel for the petitioner would submit in his argument that the complaint given by the petitioner to the 2nd respondent was not registered. Hence, he requests this Court that the respondent may be directed to hold an enquiry and to register a case accordingly. 4. The learned Government Advocate (criminal side) would submit that the petitioner did not appear for enquiry. He would further submit that if the petitioner appears before the 2nd respondent, the complaint of the petitioner will be enquired and if any prima facie case is made out, the said complaint would be registered and the investigation would also be commenced. 5. Considering the submissions made by both sides, this Court is inclined to direct the petitioner to appear before the respondent for enquiry. 6. Accordingly, the petitioner is directed to appear before the 2nd respondent police on 24.01.2011 and submit himself to enquiry regarding prima facie case and thereafter, any other dates fixed by the police. On appearance of the petitioner before the 2nd respondent, the 2nd https://hcservices.ecourts.gov.in/hcservices/ 2 respondent is directed to go into the allegations made therein and to find out the prima facie case within a period of one week and if for any reason there is no prima facie case made out, it is for the petitioner to proceed in accordance with law and cannot seek a direction of this Court to register a complaint. 7. Further, 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 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. 8. Accordingly, this Petition is disposed of. Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai. 2.The Inspector of Police, CCB, Madurai (Central Crime Branch) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC TO MR. R. RAMASAMY, ADVOCATE S.R NO. 2267 Crl.O.P.(MD).No.343 of 2011 21.01.2011 vsm PAM 22.01.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/