Namasivayam v. the Superintendent of Police
Case brief
What is this about?
The petitioner filed a Criminal Original Petition under Section 482 Cr.P.C. seeking direction to register an FIR based on a conflicting complaint. The Court held that a positive direction could not be issued because the facts did not disclose a cognizable offence.
What did the court decide?
None. The petition is closed with a liberty to workout remedy in the manner known to law.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP No.7594 of 2015
Namasivayam .. Petitioner
Vs
- The Superintendent of Police,
Cuddalore, Cuddalore District.
- The Inspector of Police,
Neyveli Police Station,
Block – 8, Neyveli.
Cuddalore – 607308. .. Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C.,
to direct the 2 nd respondent to register a FIR based on the complaint
dated 28.02.2015 pending on the file of the 2 nd respondent.
For Petitioner : Mr.T.Ramachandran
(No appearance)
For respondents : Mr.C.Emalias,
Addl.Public Prosecutor
ORDER
This petition has been filed to direct the 2nd respondent to register a FIR based on the complaint dated 28.02.2015 pending on the file of the 2nd respondent.
Issues for consideration
2 issues framed by the court
Whether to direct the respondent to register an FIR based on a complaint listing disputed facts.
Whether the complaint discloses a cognizable offence warranting criminal prosecution under Section 482 Cr.P.C.
Parties & counsel
- petitioner
Namasivayam
- respondent
The Inspector of Police, Neyveli Police Station
Coram
P.N.Prakash
Case details
As recorded by the court registry
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