The Court held that a Crl.O.P. praying for registration of a private complaint is not maintainable under Section 482 CrPC in view of a Division Bench judgment. Liberty was granted to work out remedy as per guidelines.
Liberty granted to work out remedy in accordance with guidelines given by the Division Bench.
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 : 11.12.2018
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.28916 of 2018
T.Mohana
...Petitioner
Vs.
The State rep by The Inspector of Police, Chithamur Police Station, Kancheepuram District. ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to directing the respondent herein to register the complaint of the petitioner dated 03.12.2018.
For Petitioner : Mr.G.Magesh Kumar
For Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
O R D E R
This petition has been filed to directing the respondent herein to register the complaint of the petitioner dated 03.12.2018.
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 her 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(CS IV)
//True Copy//
Sub Assistant Registrar
ssr/rka
To
1.The Inspector of Police, Chithamur Police Station, Kancheepuram District.
+1cc to Mr.G.Magesh Kumar, Advocate sr.no.85338
Crl.O.P.No.28916 of 2018
nr 14/12/2018
1 issue framed by the court
Whether a criminal original petition directed to register a private complaint is maintainable in view of the Division Bench judgment.
Colour shows how this judgement treated each authority
UnreportedReferred¶16
Crl.O.P.(MD) No.13681 of 2018
1 provisions across 1 enactments
T. Mohana
The State rep by The Inspector of Police, Chithamur Police Station, Kancheepuram District.
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
