The High Court dismissed a petition under Section 482 Cr.P.C. seeking direction to register a complaint, holding it not maintainable as per Supreme Court precedent that mandates utilizing remedies under Sections 154 and 156 Cr.P.C. instead.
The Criminal Original Petition was disposed of on the ground of non-maintainability.
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 : 15.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.7094 of 2021
S.Shreevidya ... Petitioner
Versus
State by: The Inspector of Police Foreshore Estate Police Station Mylapore, Chennai 600 004. ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to take action against the accused person namely, Dr.Edwin, Ayeesha and others in pursuance of the CSR No.33/2021 dated 17.01.2021, pending on the file of the respondent police herein and to conduct enquiry and investigate the same in accordance with law.
For Petitioner : Mr.M.Kempraj
For Respondent : Mr.M.Mohammed Riyaz,
Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondent to take action against the accused person namely, Dr.Edwin, Ayeesha and others in pursuance of the CSR No.33/2021 dated 17.01.2021, pending on the file of the respondent police herein and to conduct enquiry and investigate the same in accordance with law.
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 his remedy as per the directions issued by the Division Bench in the order referred supra.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
dna
To
1.The Inspector of Police
Foreshore Estate Police Station
Mylapore,
Chennai 600 004.
2.The Public Prosecutor,
High Court, Madras.
+2cc to Mr.Kempraj, Advocate, S.R.No. 22688
CRL.O.P.No.7094 of 2021
PVS(CO)
GN(05/07/2021)
2 issues framed by the court
Whether a criminal original petition under Section 482 Cr.P.C. is maintainable for directing the police to register a complaint pending as CSR.
Whether the High Court can exercise jurisdiction under Section 482 Cr.P.C. for registration of FIR when alternative remedy is available.
Colour shows how this judgement treated each authority
G. Prabhakaran v. The Superintendent of Police, ThanjavurDistinguished¶12
(2018) 2 LW Crl 489
M. Subramaniam v. S. JanakiFollowed¶12
(2020) 5 CTC 464
3 provisions across 1 enactments
S. Shreevidya
State by: The Inspector of Police Foreshore Estate Police Station Mylapore
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M. Nirmal Kumar
Parties & counsel
