The Madurai Bench dismissed a Criminal Original Petition seeking directions to police to conduct an enquiry in a specific manner under Section 482 Cr.P.C., holding the petition not maintainable as that section does not cover Public Interest Litigation.
The petition was dismissed with liberty to work out remedies before the appropriate forum.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2017
THE HON'BLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.(MD) No.1346 of 2017
Somasekharan Nair ... Petitioner
-vs-
The State of Tamil Nadu, Rep. by The Inspector of Police, Palukal Police Station, Palukal Post, Kanyakumari District. ... Respondent
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to conduct a Preliminary Enquiry on the basis of the order passed in Criminal Miscellaneous Petition No.5524 of 2016 on the file of the Judicial Magistrate No.1, Kuzhithurai dated 01.06.2016 in accordance with law and thus render justice.
For Petitioner : Mr.Hariprasad
This petition has been filed to direct the respondent to conduct a Preliminary Enquiry on the basis of the order passed in Criminal Miscellaneous Petition No.5524 of 2016 on the file of the Judicial Magistrate No.1, Kuzhithurai dated 01.06.2016 in accordance with law.
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respondent police for investigation. The Sub-Inspector of Police, Palugal Police Station conducted an enquiry and submitted a report dated 20.06.2016 to the learned Judicial Magistrate No.I, Kuzhithurai, wherein it has been stated as follows:
"1. I humbly submit this report as per the direction in CMP.5524/2016 by this Hon'ble Court.
Therefore, I humbly pray that the Hon'ble Court may be pleased to accept this report in the interest of justice."
SD/-
ASSISTANT REGISTRAR(P&A)
/TRUE COPY/
SUB ASSISTANT REGISTRAR
To:
https://hcservices.ecourts.gov.in/hcservices/ Kanyakumari District.
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+1 cc to MR.HARI PRASAD,ADVOCATE,SR NO.13908
ar
MAS/RR/SAR3:04.04.2017:3P-6C
Crl.O.P.(MD) No.1346 of 2017 10.03.2017
1 issue framed by the court
Whether Section 482 Cr.P.C. can be used to direct police to conduct a preliminary enquiry in a particular manner for public interest purposes.
1 provisions across 1 enactments
Somasekharan Nair
The State of Tamil Nadu
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
