1. A complaint against a few police personnel was filed before a learned Judicial Magistrate, having local jurisdiction. The learned Magistrate declined to entertain the complaint and returned the same to the complainant for presenting before the court of Chief Judicial Magistrate. This order is, of course, in tune with a circular issued by the Madras High Court. In a different case, a complaint against a few police personnel and few others was filed before the Chief Judicial Magistrate. The learned Chief Judicial Magistrate also declined to entertain the complaint and returned the same for presenting the said complaint against the non police personnel before the learned Judicial Magistrate having local jurisdiction. These two conflicting stands taken by two different courts have raised an important question, as to who among the two is empowered to entertain a complaint against police personneland to take cognizance of the offences.

2. The above question has arisen in the following circumstances. The petitioner in Criminal Original Petition No.1157 of 2010 filed a private complaint before the Judicial Magistrate, Pennagaram, Dharmapuri District, against an Inspector of Pol