P VASANTHA Vs. COMMISSIONER OF POLICE SOUTH KAVALKUDA

JUDGEMENT

(1.) COMPLAINING that the second respondent, namely the Inspector of Police, Thilagar Thidal Police Station (G1 Law and Order), Madurai City, failed to register a case and investigate the same based on the complaint of the petitioner dated 21.05.2008, even though the contents of the complaint disclosed cognizable offences, the petitioner has come forward with the present petition under Section 482 Cr.P.C., seeking a direction to the respondents to register a case based on the complaint of the petitioner dated 21.05.2008, investigate the same and submit a final report in accordance with law.

(2.) THIS Court heard the submissions made by Mr. P.V. Elangovan, learned counsel appearing for the petitioner and by Mr.Siva Ayyappan, learned Government Advocate(Criminal side) appearing for the respondents.

(3.) EVEN otherwise, for the non-registration of a case by the police, approaching the High Court by way of a writ petition under Article 226 of the Constitution of India or under Section 482 Cr.P.C. for a direction has been held to be improper by the Hon'ble Supreme Court. In Sakiri Vasu v. State of U.P., reported in 2008(1) MLJ (Crl) 1393 (SC), a two Judge Bench of the Hon'ble Supreme Court and in Aleque Padamsee v. Union of India reported in 2008(1) MLJ (Crl) 490 (SC), a three Judge Bench of the Hon'ble Supreme Court held that the police were duty bound to register a case, if the complaint received by them disclosed a cognizable offence and that for the failure on the part of the police to register a case, the complainant could not seek remedy by way of invoking the writ jurisdiction of the High Court under Article 226 of the Constitution of India or by invoking the inherent powers of the Court under Section 482 Cr.P.C. It was held in Sakiri Vasu's case 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 a 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.