1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.2701 of 2011 Rizwana Begum ... Petitioner Vs. 1.The Commissioner of Police, Trichy. 2.The Inspector of Police, City Crime Branch, Trichy. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the 2nd respondent to register F.I.R. on the basis of the complaint made by the petitioner dated 08.02.2011 and to take action as per law. For Petitioner : Mr.N.Sankar Ganesh For Respondents : Mr.R.M.Anbunithi Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the 2nd respondent to register F.I.R. on the basis of the complaint made by the petitioner dated 08.02.2011 and to take action as per law. 2. Heard Mr.N.Sankar Ganesh, learned counsel appearing for the petitioner and Mr.R.M.Anbunithi, 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. 4. The learned Government Advocate (Criminal side) would submit in his argument that the complaint given by the petitioner was treated as petition and enquiry was conducted and the same was closed. However, the petitioner is not remediless. https://hcservices.ecourts.gov.in/hcservices/ 2 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. (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. 6. Accordingly, this Petition is disposed of. Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To 1.The Commissioner of Police, Trichy. 2.The Inspector of Police, City Crime Branch, Trichy. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. vsm rl/4c – 14.3.2011 Crl.O.P.(MD)No.2701 of 2011 02.03.2011 https://hcservices.ecourts.gov.in/hcservices/