Madras High Court
L.Indrani vs The Superintendent Of Police on 9 September, 2022
W.P.No.20010 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2022
CORAM
THE HON'BLE MS. JUSTICE R.N.MANJULA
W.P.No.20010 of 2021
1.L.Indrani ... Petitioner
Vs.
1.The Superintendent of Police,
The Superintendent of Police office,
Karuppa Gaundanpalayam,
Tiruppur – 641 604.
2.The Deputy Superintendent of Police,
The Office of Deputy Superintendent of Police,
Udumalaipet Ho, Udumalaipet – 642126.
3.The Inspector of Police,
Dhali Police Station,
Udumalaipet, Tiruppur District.
4.M/s.Premier Cotton Textiles,
Chinnapappanuthu, Pulankinar, (PO),
Udumalpet – 642122. ... Respondents
(R4 Suo motu Impleaded vide order dated 21/09/2021 made in
WP.No.20010/2021)
Prayer:- This Writ Petition filed under Article 226 of the Constitution of India
to issue a writ of mandamus to direct the first respondent to consider the
complaint and take action based on the petition given by the petitioner dated
24.08.2021.
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W.P.No.20010 of 2021
For Petitioner : Mr.M.Venkatesh Kumar
For R1 to R3 : Mr.A.Damodaran
Additional Public Prosecutor
For R4 : M/s.T.S.Gopalan & Co.
ORDER
This Criminal Original Petition has been filed to direct the first
respondent to consider the complaint and take action based on the petition
given by the petitioner dated 24.08.2021.
2.Heard Mr.M.Venkatesh Kumar, learned counsel for the petitioner and
Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the
respondent and perused the materials placed on record.
3.Mr.M.Venkatesh Kumar, learned counsel for the petitioner submitted
that the police has not taken any action on the complaint given by the petitioner
and hence, suitable direction should be given to the respondent police.
4.The petitioner has got an efficacious remedy under Section 156(3) of
Cr.P.C. and he can get appropriate order from the jurisdictional Magistrate
himself. The learned Division Bench of this Court has already held in the case
of G.Prabhakaran v. The Superintendent of Police, Thanjavur reported
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W.P.No.20010 of 2021
in (2018) 2 LW Crl 489, that when there is an alternate efficacious remedy
available under Section 156 (3) of Cr.P.C, the power of the Court under Section
482 of Cr.P.C., cannot be invoked. In the said judgment, it is held as under :
“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 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
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W.P.No.20010 of 2021
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 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.
The references stands ordered accordingly.”
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W.P.No.20010 of 2021
5.Since the petitioner has come to this Court without exhausting the
remedy available under Section 156 (3) of Cr.P.C., after observing the
procedure contemplated in Section 154(3) of Cr.P.C., this petition is liable to
be dismissed.
6. In the result, this Criminal Original Petition is dismissed. However,
the petitioner is at liberty to seek appropriate remedy before the jurisdictional
Magistrate as stated above.
09.09.2022
Speaking/Non-speaking
Index : Yes/No
Dua
To
1.The Superintendent of Police,
The Superintendent of Police office,
Karuppa Gaundanpalayam,
Tiruppur – 641 604.
2.The Deputy Superintendent of Police,
The Office of Deputy Superintendent of Police,
Udumalaipet Ho, Udumalaipet – 642126.
3.The Inspector of Police,
Dhali Police Station,
Udumalaipet, Tiruppur District.
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W.P.No.20010 of 2021
R.N.MANJULA, J.
Dua
W.P.No.20010 of 2021
09.09.2022
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