1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.152 of 2011 Suresh Kannan ... Petitioner Vs. 1.The Superintendent of Police, Sivagangai District. 2.The Inspector of Police, Poovanthi Police Station, Sivagangai District. ... Respondents 3.Sureshkumar ... Intervenor (Intervenor impleaded as per order dated 19.01.2011 and made in MP.No.1/2011) PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to register the petitioner's complaint dated 03.12.2010 and enquire into the matter. For Petitioner :Mr.M.Ramdhas For Respondent :Mr.L.Murugan Govt. Advocate (Crl.side) For Intervenor :Mr.R.Vijayakumar O R D E R This Criminal Original Petition has been filed toto direct the 2nd respondent to register the petitioner's complaint dated 03.12.2010 and enquire into the matter. 2. Heard Mr.M.Ramdhas, learned counsel for the petitioner. Mr.R.Vijayakumar, learned counsel for the intervenor and Mr.L.Murugan, 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 2nd respondent was not registered. Hence, he requests this Court that the 2nd respondent may be directed to hold an enquiry and to register a case accordingly. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Government Advocate (Crl.side) would submit in his argument that the current papers enquiry is pending 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 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 second 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. 6.However, the intervenor is also not remediless. He can also very well approach the Judicial Magistrate concerned to proceed in accordance with law. Accordingly, this Petition is disposed of. Sd/- Deputy Registrar(Accts.) /True Copy/ Assistant Registrar To 1.The Superintendent of Police, Sivagangai District. https://hcservices.ecourts.gov.in/hcservices/ 3 2.The Inspector of Police, Poovanthi Police Station, Sivagangai District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.M.Ramdhas, Advocate, Sr.No.1945 arul ssk/02.02.2011 /5c - 3p/- Crl.O.P.(MD)No.152 of 2011 19.01.2011 https://hcservices.ecourts.gov.in/hcservices/