The High Court held that a Criminal Original Petition filed under Section 482 Cr.P.C. seeking direction to register an FIR and investigate is not maintainable per Supreme Court precedents. Liberty was granted to the petitioner to seek alternative remedies.
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 : 17.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.NO.21090 OF 2021
V.Ramya ... Petitioner
.Vs.
1. The Superintendent of Police, Namakkal District. 2. The State Rep. By its The Inspector of Police, Pallipalayam Police Station, Pallipalayam, Namakkal District. ... Respondents
PRAYER:-
Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the case on the petitioner's complaint dated 29.09.2021 and to investigate the same in accordance with law.
For Petitioner : Mr.M.Guruprasad For Respondents : Mr.R.Vinothraja Government Advocate [Crl. Side]
O R D E R
This Criminal Original Petition has been filed to direct the second respondent to register the case on the petitioner's complaint dated 29.09.2021 and to investigate the same in accordance with law.
passed by the Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489. The Hon'ble Supreme Court in its latest judgment rendered by a three Judge Bench in M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464, after relying upon Sakiri Vasu Case, has categorically held that the High Court cannot issue any direction for registration of FIR in exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme Court held that the informant has to necessarily avail of the alternative remedy provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given to the petitioner to workout her remedy as per the directions issued by the Division Bench in the order referred supra.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
rgi
To
1. The Superintendent of Police, Namakkal District.
2. The Inspector of Police,
+1cc to Mr.M.Guruprasad , Advocate, S.R.No.59158
CRL.O.P.NO.21090 OF 2021
GPL(CO) PBS/01/12/2021
2 issues framed by the court
Whether a criminal original petition under Section 482 Cr.P.C. can direct registration of a case and investigation.
Whether the petitioner must avail alternative remedies under Sections 154(3) and 156(3) Cr.P.C.
Colour shows how this judgement treated each authority
G.Prabhakaran v. The Superintendent of Police, ThanjavurDistinguished¶16
(2018) 2 LW Crl 489
M. Subramaniam v. S. JanakiRelied on¶16
(2020) 5 CTC 464
Sakiri Vasu CaseRelied on¶16
Sakiri Vasu Case
3 provisions across 1 enactments
V.Ramya
The Superintendent of Police, Namakkal District
The Inspector of Police, Pallipalayam Police Station
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
