Petitioner sought direction to police to register a complaint under Section 482 Cr.P.C. The Single Judge held such petitions not maintainable in light of a recent Division Bench order, granting liberty to work out the remedy accordingly.
Petition not allowed; liberty granted to work out remedy via guidelines given in the Division Bench decision.
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 : 04.01.2019
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.141 of 2019
S.Thans Nisha ...Petitioner Vs. The Inspector of Police, (Law and Order) P-1 Pulianthope Police Station, Pulianthope, Chennai-600 012. ...Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the respondent police to register the petitioner's complaint dated 24.12.2018 in accordance with law. For Petitioner : Mr.M.Saravana Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor O R D E R
This Criminal Original Petition has been filed to direct the respondent police to register a case on the complaint of the petitioner dated 24.12.2018.
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 disposed of.
mpa/rpl
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
To
1. The Inspector of Police,
(Law and Order)
P-1 Pulianthope Police Station,
Pulianthope,
Chennai-600 012.
2.The Public Prosecutor,
High Court, Madras.
+1cc To Mr.M.Saravana Kumar, Advocate,Sr.No.1351.
Crl.O.P.No.141 of 2019
RR(CO)
KAK(30/01/2019)
1 issue framed by the court
Whether a criminal petition seeking direction to register a complaint under Section 482 Cr.P.C. is maintainable given a Division Bench judgment holding such petitions not maintainable.
Colour shows how this judgement treated each authority
Crl.O.P.(MD) No.13681 of 2018Explained¶9
1 provisions across 1 enactments
S.Thans Nisha
The Inspector of Police, (Law and Order) P-1 Pulianthope Police Station
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
