The High Court dismissed a petition seeking direction to register an FIR under Section 482 Cr.P.C., relying on a Division Bench order mandating exhaustion of remedies under Section 154(3) Cr.P.C. and Section 156(3) Cr.P.C. before invoking inherent jurisdiction.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No. 13131 of 2020
Bhakiya Lakshmi W/o.Mohan, No.516, Vandhavasi Street, District Collector Office, Kanchipuram. ... Petitioner Vs. 1.The Superintendent of Police, Kanchipuram District, Kanchipuram. 2.The Inspector of Police, B5, Walajabadh Police Station, Walajabadh, Kanchipuram District. ... Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the second respondent to registering FIR on the complaint given by the petitioner dated 25.07.2020 and investigate the case in accordance with law.
For Petitioner : Mr.S.Saravanan
For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.
O R D E R
This Criminal Original Petition has been filed to direct the second respondent police to register a case on the complaint of the petitioner dated 25.07.2020.
2. Heard Mr.S.Saravanan, learned counsel for the petitioner and Mr.S.Karthikeyan learned Additional Public Prosecutor for the respondents.
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said order is extracted herewith:-
“35.Accordingly, we answer the references in the following manner, while giving certain directions: (i) Section 482 Cr.P.C. cannot be invoked in all circumstances. (ii) It is not an alternative remedy to Section 156(3) Cr.P.C. but a repository of inherent power.
(iii) The normal course of remedy on a failure or refusal to record the information is Section 156(3) of the Code of Criminal Procedure after due compliance of Section 154(3) Cr.P.C.
(iv) A petition can be filed invoking the inherent jurisdiction of this Court only after the completion of 15 days from the date of receipt of the information by the Station House Officer. The Registry shall not receive any petition before the expiry of 15 days aforesaid.
(v) No petition shall be entertained without exhausting the remedy under Section 154(3) Cr.P.C.
(vi) An informant can send substance of the information to the Superintendent of Police on knowing the decision of the Station House Officer in not registering the case and proceeding with the preliminary enquiry. After conducting the preliminary enquiry, the Station House Officer's decision in either registering the compliant or closing it will have to be intimated to the informant immediately and in any case not later than 7 days. Once such a decision is made, the informant cannot invoke Section 482 Cr.P.C.as the remedy lies elsewhere.
(vii) The directions issued by the Director General of Police in the circulars referred are to be strictly complied with by all the Station House Officers.
(viii) The affidavit to be filed shall contain particulars regarding the date of complaint, receipt and the date of sending substances of the information to the superintendent of Police under Section 154 (3) Cr.P.C. and its receipt. The Registry shall not number any petition without due compliance.
(ix) This Court is not bound to direct the police to register the complaint in all cases not withstanding the breach of
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time table furnished in Lalitha Kumari's case.
(x) The judicial Magistrates, while dealing the petitions under Sections 156(3) Cr.P.C. are directed to keep in mind the narratives in Lalitha Kumari's case with specific reference to the cases, which might require a preliminary enquiry before issuing a direction to investigate and after careful perusal of the complaint. The other directions issued by the learned Single Judge in Sugesan Transport's case are upheld. (xi) Eschewing Section 156(3) Cr.P.C. is only on exceptional and rarest of rare cases. Monstrosity of the offence, extreme official apathy and indifference, need to answer the judicial conscience, and existence of hostile environment are few of the factors to be borne in mind to bring a case under the rarest of rare one.” However, liberty is granted to the petitioner to work out his remedy in accordance with the guidelines issued by the Hon'ble Division Bench in the decision referred supra.
4. With the above direction, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mpa To 1.The Superintendent of Police, Kanchipuram District, Kanchipuram. 2.The Inspector of Police, B5, Walajabadh Police Station, Walajabadh, Kanchipuram District. 3.The Judicial Magistrate, Kanchipuram.
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4.The Public Prosecutor, High Court, Madras.
Crl.O.P.No. 13131 of 2020
SPD(CO) CB(22/10/2020)
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2 issues framed by the court
Whether a petition for directing police to register an FIR under Section 482 Cr.P.C. is maintainable without exhausting Section 154(3) Cr.P.C. remedies.
Whether Section 482 Cr.P.C. is an alternative remedy to Section 156(3) Cr.P.C. for directing police investigation.
Colour shows how this judgement treated each authority
Crl.O.P.(MD)No.13681 of 2018Relied on¶13
Crl.O.P.(MD)No.13681 of 2018
Lalitha Kumari's caseReferred¶26
Lalitha Kumari's case
Sugesan Transport's caseReferred¶27
Sugesan Transport's case
3 provisions across 1 enactments
Bhakiya Lakshmi
Superintendent of Police, Kanchipuram
Inspector of Police, Walajabadh
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
