1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.479 of 2011 Andi ... Petitioner Vs. 1.The District Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, Kariyapatti Police Station, Kariyapatti, Virudhunagar District. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the second respondent police to register the case on the complaint of the petitioner dated 25.10.2010 and investigate and file final report within a stipulated time as fixed by this Court. For Petitioner :: Mr.R.Murugappan For Respondents :: Mr.L.Murugan Govt. Advocate (Crl.side) O R D E R This petition has been filed to direct the second respondent police to register a case on the complaint of the petitioner dated 25.10.2010 and investigate the same and file a final report within a stipulated time. 2. Heard Mr.R.Murugappan, learned counsel appearing for the petitioner and Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the State. 3. The learned counsel appearing for the petitioner would submit that the complaint given by the petitioner to the respondents was not registered. Hence, he requests this Court that the respondents 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 so far no complaint has been received by the respondents as stated by the petitioner. He https://hcservices.ecourts.gov.in/hcservices/ 2 would further submit that if any complaint is received by the respondents, the respondents will go into the allegations and it will be enquired and if any prima facie case is made out, the said complaint would be registered and the investigation would be commenced. 5. Considering the submissions made by both sides, this Court is inclined to direct the petitioner to appear before the respondent police and to submit a copy of the complaint within a period of ten days from the date of receipt of a copy of this order. On such receipt of the complaint from the petitioner, the respondents are directed to go into the allegations made therein and if for any reason there is no prima facie case is made out, it is for the petitioner to proceed with the matter in accordance with law and cannot seek a direction of this 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 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 before him 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 has not resorted to seek remedy before the jurisdictional Judicial Magistrate concerned before approaching this Court for his remedy. Therefore, it has become necessary for this Court to direct the petitioner to file a complaint before the Judicial Magistrate concerned for being either referred under Section 156 (3) Cr.P.C. or to be proceeded under Section 200 Cr.P.C. and thereafter 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. Accordingly, this Petition is disposed of. Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, Kariyapatti Police Station, Kariyapatti, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to M/s.R.Murugappan, Advocate, SR.No.2007 smn rl/5c – 24.01.2011 Crl.O.P.(MD)No.479 of 2011 18.01.2011 https://hcservices.ecourts.gov.in/hcservices/