The petitioner sought directions via Section 482 CrPC to register an online complaint against a police officer. The court noted the complaint had not reached the police. The petition was closed without a specific direction to register it.
Petition closed with liberty to the petitioner to workout his remedies in the manner known to law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP.No.9692 of 2016
M.Saravanan ... Petitioner
Vs
1.The Commissioner of Police,
Salem.
2.The Inspector of Police,
Sooramangalam Police Station,
Salem District.
3.Vijay Karthikraj ... Respondents
Prayer:- Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure to direct the respondent to
register the complaint of the petitioner dated 16.04.2016 and
investigate the same in accordance with law.
For Petitioner : Mr.K.Sudhakar
for M/s.R.Nalliyappan
For Respondents : Mr.C.Emalias
Additional Public Prosecutor
for R1 and R2
ORDER
Seeking a direction to the respondents 1 and 2 to register the complaint of the petitioner dated 16.04.2016 and to investigate the same in accordance with law, the petitioner has come up with this petition.
2.On reading of the complaint, it is seen that the petitioner is an Advocate and he lodged a complaint dated 16.04.2016 on Online making allegations against one Mr.Jaganathan, Sub Inspector of Police. The complaint has been sent to the Hon'ble The Chief Justice, Secretary to Government, Public Works Department and the Secretary to Government, Home Department.
3.Learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that the complaint has not been received the police.
4.Therefore, no positive direction can be given to the police to register the complaint. Hence, this Criminal Original Petition is closed with liberty to the petitioner to workout his remedies in the manner known to law.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
mps
To
1.The Commissioner of Police,
Salem.
2.The Inspector of Police,
Sooramangalam Police Station,
Salem District.
3.The Public Prosecutor,
High Court, Chennai.
+1cc to Mr.R.Nalliyappan, Advocate, S.R.No.37578
Crl.OP.No.9692 of 2016
NR(CO)
CA(22/07/2016)
1 issue framed by the court
Whether the High Court can direct the police to register a complaint lodged via online when the complaint has not been received by the police.
1 provisions across 1 enactments
M. Saravanan
The Commissioner of Police, Salem
The Inspector of Police, Sooramangalam Police Station
Vijay Karthikraj
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
