The High Court dismissed a Public Prosecutor's submission and quashed an FIR registration petition filed by the petitioner under Section 482 CrPC because she failed to file a required affidavit before the Magistrate Court, despite being given liberty to do so.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2019
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM
CRL.O.P.No.30249 of 2019
K.Kavitha
...Petitioner
Versus
1.The Commissioner of Police, Vepery, Chennai-600 007.
2.The State,
Rep. by the Inspector of Police, T-7, Tank Factory Police Station, Avadi, Chennai-600 154. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to take further action of the petitioner complaint dated 25.07.2019 on the file of the 2nd respondent police within a stipulated period of time as may be fixed by this Court.
For Petitioner : M/s.B.Aparna
For Respondents: M/s.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the respondents to take further action on the complaint of the petitioner dated 25.07.2019 on the file of the 2nd respondent.
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learned Judicial Magistrate, Ambattur. She further submitted that the learned Judicial Magistrate, Ambattur after keeping the said petition for three months, he passed an order on 05.11.2019, stating that no affidavit filed along with the petition. Hence, he requests to direct the 2nd respondent to register FIR based on the complaint of the petitioner dated 25.07.2019.
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
vv2
2
To
1.The Judicial Magistrate Court, Ambattur. 2.The Commissioner of Police, Vepery, Chennai-600 007. 3.The Inspector of Police, T-7, Tank Factory Police Station, Avadi, Chennai-600 154. 4.The Public Prosecutor, High Court, Madras. +1cc to Mr.B.Aparna, Advocate SR.102895 BS(CO) CB(23/01/2020)
CRL.O.P.No.30249 of 2019
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2 issues framed by the court
Whether the Criminal Original Petition is maintainable when the petitioner failed to file an affidavit before the Magistrate Court as per Supreme Court directions.
Whether the petitioner can approach the High Court seeking directions for FIR registration after being given liberty to file a fresh petition with affidavit before the Magistrate.
Colour shows how this judgement treated each authority
Priyanka SrivastavaReferred¶25
Priyanka Srivastava & Ors. v. State of Uttar Pradesh, (2016) 5 SCC 1 · Who else cites this
Sugesan Transport Pvt Ltd. vs. The Commissioner of PoliceReferred¶25
Sugesan Transport Pvt Ltd. Vs. The Assistant Commissioner of Police [2016-2 L.W (Crl) 499]
G. Prabakaran vs. The Superintendent of PoliceReferred¶25
G.Prabakaran Vs. The Superintendent of Police, Thanjavur District (Crl.O.P.(MD) No.13681 of 2018 batch)
2 provisions across 1 enactments
K. Kavitha
Commissioner of Police, Vepery, Chennai
State, rep. by the Inspector of Police, T-7, Tank Factory Police Station, Avadi
P. RAJAMANICKAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
