1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.14501 of 2011 Valliyammal ... Petitioner Vs. 1.The Superintendent of Police, Tirunelveli District. 2.The State rep. By The Inspector of Police, Sankarankovil Town Police Station, Tirunelveli District. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the 2nd respondent, to register a case and investigate on the basis of the the complaint given by the petitioner dated 05.10.2011. For Petitioner :: Mr.C.Christopher For Respondents :: Mr.P.Kannithevan, Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the 2nd respondent to register the complaint of the petitioner dated 05.10.2011 and investigate the same in accordance with law. 2.Heard Mr.C.Christopher, learned counsel appearing for the petitioner and Mr.P.Kannithevan, 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 respondents was not registered. Therefore, she requests this Court that the 2nd 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 enquiry is pending on the complaint of the petitioner and the petitioner is not co-operating with the enquiry. After completion of the said enquiry, if prima facie case is made out, the said complaint would be registered and the investigation would also be commenced. However, he would submit in his argument that 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. 5.Considering the submissions made by both sides, this Court is inclined to direct the 2nd respondent to register the complaint, if prima facie case is made out. In the event of the complaint is closed for want of prima facie case, the petitioner is not remediless. The relief sought for by the petitioner for registration of the complaint has been dealt with https://hcservices.ecourts.gov.in/hcservices/ 2 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). 6.According to the said judgment, the complainant should approach the Superintendent of Police, in the event of the 2nd 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 and 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. 7.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 the complaint under Section 156(3) Cr.P.C. or to proceed under Section 200 Cr.P.C. Thereafter only, the petitioner has to approach this Court, if necessary, only after exhausting all the process of law as contemplated. But, in the present case, the petitioner 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. The petitioner is directed to co-operate with the respondent police for the petition enquiry. SD DEPUTY REGISTRAR ( ACCOUNTS ) /TRUE COPY/ ASST REGISTRAR vs To 1.The Superintendent of Police, Tirunelveli District. 2.The Inspector of Police, Sankarankovil Town Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. DM::2011:DECEMBER:27:: Crl.O.P.(MD)No.14501 of 2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/