Anthony Weaver, from Holborn in London, has applied for a summons before a district judge in Jacqui Smith's constituency in Redditch, Worcestershire.
He alleges she defrauded the public purse of between £116,000 and £200,000 by claiming her main residence was her sister's London house.
Mr Weaver, 62, said he wanted to prosecute Ms Smith under Section 2 (1) of the Fraud Act 2006.
He appeared in court to try to start a private prosecution against the home secretary over her expense claims.
The judge adjourned the case, advising Mr Weaver to contact Scotland Yard.
"I am not going to grant or dismiss the summons," said district judge Bruce Morgan, sitting at Redditch Magistrates' Court.
"It is my belief that the course on which this should proceed is by you making a complaint to the Metropolitan Police and finding out whether or not they are prepared to carry out an investigation.
"If they decide not to do so, that does not deprive you of your right to come back to court."
There you go Jacqui. The Law of Unintended consequences may be about to bite you in the arse again. Do you still think that tacking the DNA retention law change onto the butt end of an SI is a clever idea? Still believe that ID cards and data retention is the best thing since free porn (for you anyway) on cable TV? The shit is coming home to roost. It's your shit, and it will bury you, and your obscene laws.
"If you believe a Member of Parliament is guilty of fraud go to your nearest magistrates court, type out four lines alleging the fraud and ask for a summons.”
UPDATE: Guido is reporting that an appearance by Mr Weaver before the beak will take place on 26th of June. Not sure if that is just to re-apply for a summons, or, if Jacqboots will be required to attend also.