Hon'ble Mr. Justice P. Rajamanickam disposed of a Criminal Original Petition seeking direction to register a case. It was held that the respondent police is directed to register a case if the enquiry discloses a cognizable offence.
Directed the respondent police to register a case if the enquiry discloses a cognizable offence.
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 : 17.05.2018
CORAM:
The Hon'ble Mr.Justice P.Rajamanickam
CRL.O.P.No.13879 of 2018
P.Kannan
.. Petitioner
Vs.
Inspector of Police
Kallakurichi Police Station,
Villupuram District. .. Respondent
Criminal Original Petition filed under Section 482 Cr.P.C. seeking for a direction to direct the respondents herein to register a case based on the complaint dated 27.04.2018 in C.S.R.No.246 of 2018 given by the petitioner and investigate the matter in accordance with law.
For Petitioner : Mr.T.Balachandran
For Respondent : Ms.P.Kritika Kamal
Government Advocate (Crl.side)
*****
O R D E R
This Criminal Original Petition has been filed to direct the respondent to register a case based on the petitioner's complaint dated 27.04.2018.
2.Heard both sides.
3.Learned counsel for the petitioner has submitted that the proposed accused persons have criminally intimidated the petitioner and his family members by using filthy language and also brutally attacked them. Hence, a complaint was lodged on 27.04.2018. So far, no action has been taken on the complaint, the petitioner has filed this petition.
4.Learned Government Advocate has submitted that enquiry is pending on the complaint given by the petitioner.
5.Under such circumstances, the respondent is directed to register a case and proceed in accordance with law, if the enquiry discloses any cognizable offence. If the enquiry
discloses only civil dispute, or only non-cognizable offence, then the respondent has to direct the petitioner to approach appropriate forum and get appropriate remedy.
6.With the above observation and direction, this Criminal Original Petition is disposed of.
-s/d-
Assistant Registrar(CS-IV)
True Copy
Sub-Assistant Registrar
kp/gya
To
1.The Inspector of Police,
Kallakurichi Police Station,
Villupuram District.
2.The Public Prosecutor,
High Court of Madras,
Chennai.
+1 CC to Mr.T. Balachandran, Advocate sr 33878.
CRL.O.P.No.13879 of 2018
NA(CO)
SP(30/05/2018)
2 issues framed by the court
Whether Criminal Original Petitioner should be directed to register a case based on his complaint regarding alleged intimidation and attack.
Whether the police need to register a case if the enquiry discloses a cognizable offence.
1 provisions across 1 enactments
P.Kannan
Inspector of Police, Kallakurichi Police Station
P.Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
