SAHABUDEEN Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by the non-registration of a case based on the complaint of the petitioner herein dated 03.01.2009, the petitioner has come forward with this petition under Section 482 Cr.P.C., seeking a direction to the respondent to register a case based on the complaint of the petitioner dated 03.01.2009.

(2.) THIS Court heard the submissions made by Mr.B.Jameelarasu, learned counsel appearing for the petitioner and by Mr.Siva Ayyappan, learned Government Advocate (Criminal side) appearing for the respondent.

(3.) IN Sakiri Vasu's case, the Hon'ble Supreme Court has held that the remedy, in such cases, for the complainant was to approach the Superintendent of Police under Section 154(3) Cr.P.C. and in case of inaction on his part also, the complainant would approach the Judicial Magistrate by way of an application under Section 156(3) Cr.P.C., for a direction to investigate the matter. IN Aleque Padamsee's case, it was held that in case of refusal on the part of the police officials to register the case, even though the complaint disclosed a cognizable offence, the modalities to be adopted by the complainant were as set out in Section 190 r/w Section 200 Cr.P.C. Those two judgments of the Hon'ble Supreme Court came to be considered by a learned Single Judge of this Court sitting in the Principal Bench (JUSTICE M.JEYAPAUL) in G.Arokiya Marie v. Superintendent of Police reported in 2008(2) MLJ (Crl) 796 and it was held therein that the prohibition for entertaining a writ petition or a petition under Section 482 Cr.P.C. seeking a direction to register a case was not absolute and that in appropriate cases, namely cases of serious nature requiring immediate action so as to prevent the evidence getting erased, such directions would be issued. IN all those cases, it was held in clear and unambiguous terms that the power under Section 482 Cr.P.C. should be sparingly used. The above said learned Single Judge of this Court has given some illustrations of the cases (murder, attempt to murder wherein grievous injuries have been caused, robbery, dacoity, rape and attempt to rape) in which, the inherent power of the High Court under Section 482 Cr.P.C. can be invoked for directing the Station House Officer to register the complaint.