A Criminal Original Petition under Section 482 CrPC filed to direct police to register an FIR compelling a respondent to remove a collapsed wall was dismissed as not maintainable, citing a relevant Division Bench order, with liberty to approach the higher bench.
None; petition directed to exercise remedy as per Division Bench order.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2018
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P. No.28687 of 2018
K.Dinesh .... Petitioner /Complainant
.vs.
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondents 1 and 2 respondents to initiate appropriate criminal proceeding against the 3rd respondent by way of registering a FIR against her in order force her and her sons to remove the collapsed rear wall of the 3rd respondent lying on the rear wall of the petitioner to secure the ends of justice.
For Petitioner : Mr.K.Valayaapathi
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondents 1 and 2 to initiate appropriate criminal proceeding against the 3rd respondent by way of registering a FIR against her in order force her and her sons to remove the collapsed rear wall of the 3rd respondent lying on the rear wall of the petitioner to secure the ends of justice.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
3.This petition is not maintainable, in view of the order passed by the Hon'ble Division Bench of this Court in Crl.OP(MD) No.13681 of 2018 and a batch of cases, dated 20.09.2018, liberty is given to the petitioner to workout his remedy as per the direction given by the Hon'ble Division Bench.
With the above direction, this Criminal Original Petition is petition is disposed of.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
kal
To
1. The State rep. By the Assistant Commissioner of Police,
1 st Floor, K-5, Police Station, Sembium Range,
Thiru Ve.Ka. Nagar, Peravallur, Chennai-600 082.
2. The Inspector of Police,
K-9, Thiruv. Ve.Ka.Nagar Police Station,
Peravallur, Chennai-600 082.
3.The Public Prosecutor,
High Court of Madras,
Madras.
+1cc to Mr.K.Valayapthi, Advocate, S.R.No. 85335
Crl.O.P. No.28687 of 2018 SR(CO) GN(08/01/2019)
1 issue framed by the court
Whether a Criminal Original Petition under Section 482 CrPC is maintainable to direct police to register an FIR against a respondent to remove a collapsed wall.
Colour shows how this judgement treated each authority
Hon'ble Division Bench decisionReferred¶19
Crl.OP(MD) No.13681 of 2018
1 provisions across 1 enactments
K. Dinesh
The State rep. By the Assistant Commissioner of Police
S. Nirmala
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
