1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.1121 of 2011 K.Pandiarajan :Petitioner -Vs- 1.State represented by The Commissioner of Police, Trichy, Trichy City. 2.The Deputy Commissioner of Police, Trichy, Trichy City. 3.The Assistant Commissioner of Police, Cantonment, Trichy City. 4.The Inspector of Police, Cantonment Police Station,Trichy City.:Respondents PRAYER:This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the fourth respondent herein to register the complaint of the petitioner herein dated 20.11.2010 investigate into the same in accordance with law and to file final report at the earliest. For Petitioner : M/s. B.Jameel Arasu For Respondents : Mrs.S.Devasena, Govt. Advocate (Crl.side) ORDER This Criminal Original Petition has been filed to direct the fourth respondent herein to register the complaint of the petitioner herein, dated 20.11.2010 and investigate into the same in accordance with law. 2.Heard Mr.B.Jameel Arasu, learned counsel for the petitioner and Mrs.S.Devasena, learned Government Advocate (Criminal side) appearing for the State. 3.The learned counsel for the petitioner would submit in his argument that the petition has been filed by the petitioner seeking registration of the complaint given by him, on 20.11.2010, before the fourth respondent police. He would further submit that the complaint has been given against the police officers and therefore, the petitioner is ready to appear before the Commissioner of Police and to submit another copy of the complaint to the Commissioner of Police, the first respondent herein and ready to depose before him to substantiate the complaint and thereafter, ready to produce evidence before the fourth respondent police in respect of the complaint. He would also submit that the complaint given by the petitioner may therefore be ordered to be registered in accordance with law. 4.The learned Government Advocate (Crl.side) would submit in her argument that the complaint given by the petitioner is no doubt against the police officers and first of all, it has to be considered by the first respondent, the Commissioner of Police, Trichy and thereafter, it will be forwarded to the fourth respondent to look into the veracity of the allegations made in the complaint and if prima facie case is made out, the said complaint will be registered and in case, no prima facie case made out, the complaint will be dropped and the respondent police is ready to abide any orders passed by this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Considering the submissions made by both sides, this Court is inclined to direct the petitioner to appear before the Commissioner of Police, Trichy, the first respondent herein within a period of one week from the date of receipt of a copy of this order, with the copy of the complaint and present the same to him and the first respondent, Commissioner of Police, Trichy is directed to receive the complaint and to make enquiry and if any prima facie case is made out, to forward it to the fourth respondent police or any other competent officer to take further action, in accordance with law and if the complaint is forwarded by the Commissioner of Police to the fourth respondent or any other officers, they are directed to go through the complaint regarding the prima facie case and if prima facie case is made out, to register the complaint and in the absence of prima facie case, it is for them to close the complaint. 6.In such circumstances, the petitioner is not remediless and he is always entitled to proceed in accordance with law as per the judgment of the Hon'ble Apex Court in Sakiri Vasu v. State of U.P. (2008(1) 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/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Commissioner of Police, Trichy, Trichy City. 2.The Deputy Commissioner of Police, Trichy, Trichy City. 3.The Assistant Commissioner of Police, Cantonment, Trichy City. 4.The Inspector of Police, Cantonment Police Station, Trichy City. 5.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai akv/RP/10.02.11/2P/6C. Crl.O.P.(MD)No.1121 of 2011,02.02.2011 https://hcservices.ecourts.gov.in/hcservices/