Crl.O.P. under CrPC 482 sought police action and FIR registration based on a Magistrate's order. Petitioner claimed police refused to register complaint sent under Section 156(3).
Cr.O.P. closed. Petitioner granted liberty to workout remedy known to law.
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.
Crl.O.P.(MD)No.8419 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.07.2024
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.8419 of 2024
Fr.Antony Xavier ... Petitioner Vs 1. The Inspector of Police, Pavoorchatram Police Station, Tenkasi District. 2. Sivaramakrishnan ... Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to pass an order to comply with the order passed by the learned Judicial Magistrate, Tenkasi in Cr.M.P.No.6376 of 2019 dated 16.08.2023 and consequently, direct the 1st respondent to register a case on the complaint of the petitioner dated 28.07.2023
For Petitioners : Mr.Sivakumar.S For R1 : Mr.M.Sakthi Kumar Government Advocate(Crl.side)
1/5
Crl.O.P.(MD)No.8419 of 2024
ORDER
This Criminal Original Petition has been filed seeking a direction to the respondent police to take action on the compliant of the petitioner based on the order passed by the learned Judicial Magistrate, Tenkasi in Cr.M.P.No. 6376 of 2019 dated 16.08.2023.
2/5
Crl.O.P.(MD)No.8419 of 2024
the respondent police has found that the petitioner is used to engage the second respondent for his works in his school and the petitioner has to pay some amount due to the work executed by the second respondent. Further, he submits that on the date of occurrence, the second respondent met the petitioner at his school and demanded money from him. Since the petitioner's complaint is a false one, the respondent police has dropped the further action. Thereafter, the petitioner herein suppressing the same has filed this application before the learned Judicial Magistrate, Tenkasi, in CR.M.P.No. 6376 of 20219 under Section 156(3) Cr.P.C and the same was forwarded by the learned Judicial Magistrate to the respondent police on 16.08.2023. The respondent police has also conducted an enquiry and submitted a report before the learned Judicial Magistrate, Tenkasi, on 25.08.2023.
(Crl. Side), this Criminal Original Petition is closed with liberty to the petitioner to workout his remedy in the manner known to law.
15.07.2024
NCC : Yes/No Index : Yes/No Internet:Yes https://www.mhc.tn.gov.in/judis jbr
3/5
Crl.O.P.(MD)No.8419 of 2024
To
4/5
Crl.O.P.(MD)No.8419 of 2024
.PUGALENDHI,J
jbr
Crl.O.P.(MD)No.8419 of 2024
15.07.2024
5/5
1 issue framed by the court
Whether the respondent police can be directed to register an FIR on a fresh application given previous inquiries and submissions.
2 provisions across 1 enactments
Fr. Antony Xavier
The Inspector of Police, Pavoorchatram Police Station, Tenkasi District
Sivaramakrishnan
B. Pugendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
