The court held that a Criminal Original Petition under Section 482 Cr.P.C. seeking police registration and investigation is not maintainable following a Division Bench judgment, granting liberty for alternative remedies.
Crim.O.P. dismissed; liberty granted to work out remedy per Division Bench guidelines.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2018
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.27321 of 2018
K.S.Sivakumar
...Petitioner
Vs.
1.The State of Tamilnadu, rep. by, The Superintendent of Police, Dharmapuri.
2.The Inspector of Police, Marandahalli Police Station, Dharmapuri District. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., directing the 2nd respondent to register a FIR over the complaint dated 29.10.2018 and to investigate the same.
For Petitioner : Mr.R.Selvakumar
For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
This petition has been filed to direct the 2nd respondent Police to register a case based on the complaint given by the petitioner herein dated 29.10.2018.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
3.In view of the judgment of the Hon'ble Division Bench of this Court in Crl.O.P.(MD) No.13681 of 2018 and batch of cases, dated 20.09.2018, the petition of this nature is not maintainable before this Court. Liberty is granted to the petitioner to work out his remedy in accordance with the guidelines given by the Hon'ble Division Bench in the decision referred supra.
4.With the above direction, this Criminal Original Petition is petition is disposed of.
Sd/-
Deputy Registrar
//True copy//
Sub Assistant Registrar
vv2
To
1.The Superintendent of Police,
Dharmapuri.
2.The Inspector of Police,
Marandahalli Police Station,
Dharmapuri District.
3.The Public Prosecutor,
High Court, Madras.
+1cc to Mr..Selvakumar, Advocate SR.No.81559
Crl.O.P.No.27321 of 2018
GMY(10/12/2018)
1 issue framed by the court
Whether a Criminal Original Petition filed under Section 482 Cr.P.C. to direct police registration and investigation of a complaint is maintainable.
Colour shows how this judgement treated each authority
Crl.O.P.(MD) No.13681 of 2018Distinguished¶3
1 provisions across 1 enactments
K.S.Sivakumar
The State of Tamilnadu
The Inspector of Police, Marandahalli Police Station, Dharmapuri District
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
