1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.14911 of 2011 P.Durairaj ...Petitioner -Vs- 1.The Inspector of Police, Karuppaiyurani Police Station, Karuppaiyurani, Madurai District. 2.The Deputy Superintendent of Police, Umatchikulam Division, Madurai District. 3.The Superintendent of Police, Madurai District. ...Respondents PRAYER:Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to register the petitioner's complaint dated 30.08.2011 as an F.I.R. and further direct to investigate into the matter and to file the final report within the stipulated period as may be prescribed by this Court. For Petitioners : Mr.S.sivasubramanian For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side) ORDER This petition has been filed to direct the 1st respondent to register the petitioner's complaint dated 30.08.2011 as an F.I.R. and further direct to investigate into the matter and to file the final report within the stipulated period as may be prescribed by this Court. 2.Heard Mr.S.Sivasubramanian, learned counsel for the petitioner and Mr.P.Kannithevan, learned Government Advocate (Crl. Side)appearing on behalf of the respondents. 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. Hence, he requests this Court that the 1st 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 did not co-operate with the enquiry. He would further submit that if the petitioner cooperates with the police, they would enquire into the matter 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 the both sides, this Court is inclined to direct the petitioner to appear before the https://hcservices.ecourts.gov.in/hcservices/ 2 1st respondent police and to cooperate with the police and the 1st respondent is directed to register a case, if he found any prima facie case is made out and if for any reason, there is no prima facie case made out, the may drop the complaint. 6.In such circumstances, the petitioner is not remediless. 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). 7.According to the said judgment, the complainant should approach the Superintendent of Police, in the event of the 1st 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. 8.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. 9.Accordingly, this Petition is disposed of. Sd/- Deputy Registrar (Writs) / TRUE COPY / Assistant Registrar To:1.The Inspector of Police, Karuppaiyurani Police Station, Karuppaiyurani, Madurai District. 2.The Deputy Superintendent of Police, Umatchikulam Division, Madurai District. 3.The Superintendent of Police, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai. RP/02.12.2011/2P/5C. Crl.O.P.(MD).No.14911 of 2011. https://hcservices.ecourts.gov.in/hcservices/