1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.15156 of 2011 Muthukaruppan ... Petitioner Vs. 1.The Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Melur Police Station, Madurai District. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the second respondent to register a case against the accused based on the complaint dated 26.06.2011 lodged by the petitioner. For Petitioner :: Mr.A.V.Arun For Respondents :: Mrs.S.Prabha Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the second respondent to register a case against the accused based on the complaint dated 26.06.2011 lodged by the petitioner. 2. Heard Mr.A.V.Arun, learned counsel appearing for the petitioner and Mrs.S.Prabha, learned Government Advocate (Criminal side) appearing for the State. 3. The learned counsel appearing 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 said complaint is under petition enquiry stage and 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 directs the second respondent to enquire into the matter and if any prima facie case is found, to register the complaint and if there is no prima facie case found, the second respondent is entitled to close the petitoin. However, 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 in Sakiri Vasu v. State of U.P. (2008(1) https://hcservices.ecourts.gov.in/hcservices/ 2 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 (Writs) / True Copy / Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Melur Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Gsr SR : 02.12.2011 : 2p/4c Crl.O.P.(MD)No.15156 of 2011 23.11.2011 https://hcservices.ecourts.gov.in/hcservices/