P.Prabhakaran vs The State Rep.By
2021 Latest Caselaw 11550 Mad

Citation : 2021 Latest Caselaw 11550 Mad
Judgement Date : 11 June, 2021

Madras High Court

P.Prabhakaran vs The State Rep.By on 11 June, 2021

                                                                          Crl.O.P.No.9850 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:      11.06.2021

                                                       CORAM:

                             THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                Crl.O.P.No.9850 of 2021

                     P.Prabhakaran
                     S/o.Parthasarathy                                         ... Petitioner

                                                         Vs.
                     1. The State Rep.By
                        The Commissioner of Police,
                        Greater Chennai City,
                        Chennai -600 007.

                     2. The Inspector of Police,
                        F-2, Egmore Police Station,
                        Egmore, Chennai-600 008                               ... Respondents

                     PRAYER: Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to direct the second respondent police to
                     register an FIR on the petitioner's representation on 05.05.2021
                     (CSR.No.243 of 2021).

                                      For Petitioner  : Mr.S.Chandranathan
                                      For Respondents : Mr.A.Damodaran
                                                        Government Advocate (Crl.Side)




                     1/6
https://www.mhc.tn.gov.in/judis/
                                                                             Crl.O.P.No.9850 of 2021

                                                       ORDER

This Criminal Original Petition has been filed to direct the second

respondent police to register a case on the complaint of the petitioner

dated 05.05.2021.

2. Heard Mr.S.Chandranathan, learned counsel for the

petitioner and Mr.A.Damodaran, learned Government Advocate

(Crl.Side) for the respondent.

3. In view of the Judgment of the Hon'ble Division Bench of

this Court in Crl.O.P.(MD)No.13681 of 2018 and batch of cases, dated

20.09.2018, the petition of this nature is not maintainable before this

Court. The relevant portion of the said order is extracted herewith:-

“35.Accordingly, we answer the references in the following manner, while giving certain directions:

(i) Section 482 Cr.P.C. cannot be invoked in all circumstances.

(ii) It is not an alternative remedy to Section 156(3) Cr.P.C. but a repository of inherent power.

(iii) The normal course of remedy on a

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9850 of 2021

failure or refusal to record the information is Section 156(3) of the Code of Criminal Procedure after due compliance of Section 154(3) Cr.P.C.

(iv) A petition can be filed invoking the inherent jurisdiction of this Court only after the completion of 15 days from the date of receipt of the information by the Station House Officer. The Registry shall not receive any petition before the expiry of 15 days aforesaid.

(v) No petition shall be entertained without exhausting the remedy under Section 154(3) Cr.P.C.

(vi) An informant can send substance of the information to the Superintendent of Police on knowing the decision of the Station House Officer in not registering the case and proceeding with the preliminary enquiry. After conducting the preliminary enquiry, the Station House Officer's decision in either registering the compliant or closing it will have to be intimated to the informant immediately and in any case not later than 7 days. Once such a decision is made, the informant cannot invoke Section 482 Cr.P.C.as the remedy lies elsewhere.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9850 of 2021

(vii) The directions issued by the Director General of Police in the circulars referred are to be strictly complied with by all the Station House Officers.

(viii) The affidavit to be filed shall contain particulars regarding the date of complaint, receipt and the date of sending substances of the information to the superintendent of Police under Section 154(3) Cr.P.C. and its receipt. The Registry shall not number any petition without due compliance.

(ix) This Court is not bound to direct the police to register the complaint in all cases not withstanding the breach of time table furnished in Lalitha Kumari's case.

(x) The judicial Magistrates, while dealing the petitions under Sections 156(3) Cr.P.C. are directed to keep in mind the narratives in Lalitha Kumari's case with specific reference to the cases, which might require a preliminary enquiry before issuing a direction to investigate and after careful perusal of the complaint. The other directions issued by the learned Single Judge in Sugesan Transport's case are upheld.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9850 of 2021

(xi) Eschewing Section 156(3) Cr.P.C. is only on exceptional and

rarest of rare cases. Monstrosity of the offence, extreme official apathy

and indifference, need to answer the judicial conscience, and existence

of hostile environment are few of the factors to be borne in mind to bring

a case under the rarest of rare one.” However, liberty is granted to the

petitioner to work out his remedy in accordance with the guidelines

issued by the Hon'ble Division Bench in the decision referred supra.

4. With the above direction, this Criminal Original Petition is

disposed of.

11.06.2021 Internet: Yes Index: Yes/No Speaking/Non-speaking order Vv/arr

1. The Commissioner of Police, Greater Chennai City, Chennai -600 007.