K.Rajesh vs The Superintendent Of Police
2021 Latest Caselaw 11552 Mad

Citation : 2021 Latest Caselaw 11552 Mad
Judgement Date : 11 June, 2021

Madras High Court

K.Rajesh vs The Superintendent Of Police on 11 June, 2021

Crl.O.P.No.9872 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.9872 of 2021

K.Rajesh
S/o.Ganaga Sabai ... Petitioner
Vs.
1. The Superintendent of Police,
Namakkal.
2. The Inspector of Police,
Namakkal Town Police Station,
Namakkal ... 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 basis of the petitioner's complaint dated 23.04.2021.

For Petitioner : Mr.B.Manimaran
For Respondents : Mr.A.Damodaran
Government Advocate (Crl.Side)

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 23.04.2021.

2. Heard Mr.B.Manimaran, learned counsel for the petitioner

and Mr.A.Damodaran, learned Government Advocate (Crl.Side) for the

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9872 of 2021 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 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9872 of 2021 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.

(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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9872 of 2021 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.

(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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.9872 of 2021 Internet: Yes Index: Yes/No Speaking/Non-speaking order Vv/arr

1. The Superintendent of Police, Namakkal.