The main legal point established is that a complaint can be filed directly before the Magistrate under Section 190 Cr.P.C. without approaching the police first, and the applicability of Section 53 of the Tamil Nadu District Police Act, 1859 depends on whether the accused's actions were in the discharge of official duty.

1. The petitioner who is the accused in C.C.No. 22 of 2003 on the file of the learned Chief Judicial Magistrate, Madurai, filed against him by the respondent herein for the offences punishable under Sections 454 and 324 I.P.C., seeks to quash the proceedings pending against him.

2. Learned counsel for the petitioner submits that the petitioner is the Inspector of Police and the respondent herein had filed the complaint falsely against the petitioner in order to take vengeance against him since the respondent herein is an accused in C.C.No. 911 of 2003 along with two other accused for offences punishable under Section 341, 387 and 506 (1) I.P.C. which was investigated by the petitioner herein and the respondent was also arrested by him and remanded to judicial custody.

3. Learned counsel for the petitioner submitted that filing the complaint against the petitioner directly before the learned Chief Judicial Magistrate without giving any complaint to the police initially which could have been registered under Section 154 Cr.P.C. and without exhausting the legal remedies available under Section 154 Cr.P.C., and taking congnizance of the said complaint, is not maintainable.

4. Learned counsel for the petitioner further submitted that the alleged occurrence is said to have taken place on 24.4.2003 and the petitioner had acted in the discharge of the duty and as such, the prosecution was barred by limitation in view of the provision under Section 53 of the Tamil Nadu District Police Act, 1859, according to which the prosecution should have commenced within three months after the complaint was lodged.

5. Learned counsel for the respondent who was heard had submitted that the complaint against the petitioner was filed under Section 190 Cr.P.C. and the learned Magistrate has proceeded as per Section 200 Cr.P.C. and absolutely there is no bar in approaching the Court directly by giving a complaint under Section 190 Cr.P.C. without approaching the police. Learned counsel also submitted that the complaint itself was against the police officer and no useful purpose would be served by giving a complaint to the police and as such, the complaint has been filed directly before the learned Chief Judicial Magistrate. Learned counsel for the respondent further submitted that Section 53 of the Tamil Nadu Police Act, 1859 is not applicable to prosecution of this case since the act done by the petitioner is not an official act.

6. This Court has gone through the copy of the complaint and also considered the rival submissions made by both parties.

7. The respondent / complaint herein has filed the complaint against the petitioner under Section 190 Cr.P.C. which reads as follows:

190. Cognizance of offences by Magistrates.

(1) Subject tot he provisions of this Chapter, any Magistrate of the first class, specially empowered in this behalf under sub-section-

(2) may take cognizance of any offence -

(a) Upon receiving a complaint of facts which constitute such offence;

(b) Upon it police report of such facts;

(c) Upon information received form any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.”

8. As per Section 190 Cr.P.C. the learned Magistrate may take cognizance either upon receiving a private complaint or upon a police report or even on information form anyone and even on his own knowledge. If only a report is given to the police officer and if it discloses commission of cognizable offence, then the police is bound to register the said information and to proceed further. Therefore, it cannot be said that for giving the complaint under Section 190(1)(a) Cr.P.C. a report should have been given to the police. If a complaint is given under Section 190 (1) (a) Cr. P.C. Chapter XV of the Code dea