The Court dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. seeking an order to register an FIR, holding it not maintainable. It granted liberty to the petitioner to file the complaint directly with the police.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2018
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.28906 of 2018
N.Govindarajulu ...Petitioner
Vs.
1.The Deputy Commissioner of Police,
Karumathamptty Sub-Division,
Coimbatore District,
Coimbatore.
2.The Inspector of Police,
Sulur Police Station,
Coimbatore District,
Coimbatore. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 2nd respondent to register a FIR as against Mr.Murugan and others as stated in the complaint dated 24.11.2018 and proceed with the matter as according to law.
For Petitioner : Mr.T.Ramachandran For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor O R D E R
This petition has been filed to direct the 2nd respondent to register a FIR as against Mr.Murugan and others as stated in the complaint dated 24.11.2018 and proceed with the matter as according to law.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
3.In view of the judgement 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/Assistant Registrar //True Copy// Sub Assistant Registrar
ssr/rka
To
1.The Deputy Commissioner of Police,
Karumathamptty Sub-Division,
Coimbatore District, Coimbatore.
2.The Inspector of Police,
Sulur Police Station,
Coimbatore District, Coimbatore.
3.The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.28906 of 2018
RR(CO)
rrs 03/01/2019
1 issue framed by the court
Whether a petition filed under Section 482 of the Cr.P.C. directing police to register an FIR is maintainable before the High Court in light of recent Division Bench guidelines.
Colour shows how this judgement treated each authority
Crl.O.P.(MD) No.13681 of 2018Followed¶14
1 provisions across 1 enactments
N.Govindarajulu
The Deputy Commissioner of Police, Karumathamptty Sub-Division, Coimbatore District, Coimbatore.
The Inspector of Police, Sulur Police Station, Coimbatore District, Coimbatore.
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
