In a thin disposal, the Madurai Bench of Madras High Court dismissed a Criminal Original Petition seeking an FIR against a police officer for caste-based intrusion and property damage. The court noted a prior petition and an inquiry finding the original complaint false before disposing without a substantive ruling.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM
CRL.O.P.(MD)No.2092 of 2018
Saraswathi ... Petitioner
-Vs-
Office of the Superintendent of Police,
Office of the Deputy Superintendent of Police,
Thoothukudi District.
PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents to register the FIR on the basis of the complaint preferred by petitioner dated 18.01.2018 in accordance with law within time stipulated by this Court.
For Petitioner : Mr.R.Alagumani
For Respondents : Mr.Prabu Ramachandran, Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, to direct the third respondent to register a case based on the complaint given by the petitioner, dated 18.01.2018.
2.The learned counsel appearing for the petitioner has submitted that the petitioner belongs to Schedule Caste. He further submitted that the proposed accused, who is working as Sub-Inspector of Police, Sipcot Police Station, has trespassed into the petitioner's house on 14.01.2018 and 17.01.2018, and damaged the https://hcservices.ecourts.gov.in/hcservices/ doors, windows and household articles and criminally intimidated the petitioner by saying her caste name and hence, the petitioner has
2
lodged a complaint before the third respondent on 18.01.2018, but so far, no action has been taken.
4.Recording the aforesaid submissions, this Criminal Original Petition is disposed of. It is open to the petitioner to avail any other remedy, which is available under the law.
Sd/-
Assistant Registrar(P&A)
/True Copy/
Sub Assistant Registrar
To
ia
MV:JC:SAR2:19/03/2018/2P/5C
CRL.O.P.(MD)No.2092 of 2018
15.02.2018
2 issues framed by the court
Whether the petitioner is entitled to a direction to register an FIR based on a caste-based intrusion complaint.
Whether a prior criminal petition filed by the petitioner has impacted the current relief sought regarding caste-based intimidation claims.
Saraswathi
Superintendent of Police
Deputy Superintendent of Police
Inspector of Police
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
