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.306 of 2011 Gandhiji Vasaga Salai Committee (Regd. No.217/2010) 10-1-484 Theni Madurai National Highways Aundipatti 625 512,Theni District. Rep. by its Secretary P.Duraikannu ... Petitioner Vs. 1.The Superintendent of Police,Theni District. 2.The Inspector of Police, Aundipatti Police Station, Aundipatti,Theni District. ... Respondents Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondents herein to register the complaint of the petitioner dated 26.11.2010, investigate into the same and file final report at the earliest. For Petitioner : Mr.K.Appadurai For Respondents : Mr.L.Murugan, Government Advocate (Crl. Side) ORDER This petition is filed to direct the respondents to register the complaint of the petitioner dated 26.11.2010, investigate into the same and file final report at the earliest. 2.Heard Mr.K.Appadurai, learned counsel 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 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. It has been submitted by the learned Government Advocate (Crl. Side) that the petitioner and other accused persons were directed to go to approach the Civil Court and the petition was closed and nothing survives in the complaint of the petitioner dated 26.11.2010. 5. Considering the submission made by the learned Government Advocate (criminal side), the 2nd respondent is directed to go into the allegations made in the complaint of the petitioner dated 26.11.2010 and to find out the prima facie case 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 https://hcservices.ecourts.gov.in/hcservices/ 2 Court to register a complaint. 6. 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 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. 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. 7. Accordingly, this Petition is disposed of. Sd/- Deputy Registrar(W) /True Copy/ Assistant Registrar To 1.The Superintendent of Police, Theni District. 2.The Inspector of Police, Aundipatti Police Station, Aundipatti,Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai. Crl.O.P.(MD).No.306 of 2011 21.01.2011 vsm/SMA/7.2.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/