FIR registration; Section 156(3) Cr.P.C.; maintainability of writ/criminal original petition for FIR without approaching Magistrate; dismissal with liberty to pursue other remedies; Madras High Court; Crl.O.P.; Namakkal police; Sunder Mohan, J.; order dated 19-02-2025.
Liberty to pursue other remedies available in law ¶21
It was seen that the petitioner had not approached the learned Magistrate under Section 156(3) of Cr.P.C., and on that basis the relief of registration of an FIR sought in the petition could not be granted. ¶15
Crl OP No.12320 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 12320 of 2017
C. Sukumar, 53 Yrs, S/o. Late. Chinnappan, Veppandi, Elanthakottai Village, Kumaraapalayam Taluk, Namakkal District.
Petitioner(s)
Vs
The Superintendent Of Police, Namakkal District, Namakkal. and 4 Others Respondents
For petitioner : Mr.V.Padmanaban, Senior Counsel for Mr.S.B.Viswananthan
For Respondents : Mr.S.Santhosh,
Government Advocate (Crl.Side) for R1 to R5 : Mr.S.B.Viswanathan for R6
O R D E R
This petition has been filed seeking registration of an FIR.
However, it is seen that the petitioner has not approached the learned
Magistrate under Section 156(3) of Cr.P.C. Hence, this Criminal
SUNDER MOHAN, J.
1/2
Crl OP No.12320 of 2017
Vv
Original Petition is dismissed with liberty to pursue other remedies available in law.
19.02.2025
Vv
To
Anti Land Grabbing Cell, District Crime Branch, Namakkal District, Namakkal.
Crl.O.P.No.12320 of 2017
2/2
1 issue framed by the court
Whether the Criminal Original Petition seeking registration of an FIR is entertainable when the petitioner has not approached the learned Magistrate under Section 156(3) of Cr.P.C.medium confidence¶15
It was seen that the petitioner had not approached the learned Magistrate under Section 156(3) of Cr.P.C., and on that basis the relief of registration of an FIR sought in the petition could not be granted.ratio¶15
1 provisions across 1 enactments
How this case reached the court
Criminal Original Petition filed before the High Court of Madras seeking registration of an FIR.¶13
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
