The single-judge bench dismissed a Criminal Original Petition filed under Section 482 of Cr.P.C. The petitioners sought directions against police officers not to undertake an enquiry into a complaint by Ms. C.P. Abisha, arguing the matter was pending with the District Social Welfare Officer. The Court held the petition was misconceived.
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: 22.09.2021
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
Crl.O.P.No.1452 of 2017
1.Donald Serg 2.Darling S.Donald 3.Jaisef Kevin ...Petitioners
Vs.
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents not to harass the petitioners by calling them for any enquiry with relates to the complainant lodged by Ms.C.P.Abisha as the matter is pending on the file of the District Social Welfare Officer, Chennai.
Even though there is no representation on behalf of the petitioner, a perusal of the record show that this petition has been filed under Section 482 of Cr.P.C., seeking a direction against the respondents / the Assistant Commissioner of Police, Nungambakkam, Chennai and the Inspector of Police, W-1 All Women Police Station, Thousand Lights, Cheenai, not to harass the petitioners by calling them for any enquiry with respect to a complaint lodged by Ms.C.P.Abisha, since at the time when the
present petition was filed, the matter is pending on the file of the District Social Welfare Officer, Chennai. Such a petition is misconceived. Every officer before whom a complaint indicating cognizable offence is lodged has a right to investigate. Hence the present Criminal Original Petition is dismissed.
Sd/-
Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
smv
To
Crl.O.P.No.1452 of 2017
PVS(CO)
RGA(18/10/2021)
1 issue framed by the court
Whether a Criminal Original Petition filed under Section 482 of Cr.P.C. praying against police enquiry when the matter is pending with the District Social Welfare Officer is maintainable.
1 provisions across 1 enactments
Donald Serg
Darling S. Donald
Jaisef Kevin
The Assistant Commissioner of Police, Valluvarkottam High Road, Nungampakkam, Chennai
The Inspector of Police, W-1, All Women Police Station, Greems Road, Thousand Lights, Chennai
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
