Taking a view contrary to earlier rulings which had said that approaching the high court directly for a direction to police to register FIRs was not maintainable under section 482 CrPc, the Madras High Court has said a petition seeking such a relief was maintainable.
Hearing a petition from one K Raghupathy who sought a direction to police to register a case on his complaint, Justice M S Ramesh said the plea was maintainable under Section 482 of CrPC (inherent powers of high court).
The High Court Registry had raised a doubt with regard to maintainability of this petition in view of the order passed by Justice P N Prakash last year.
Justice Prakash had then made it clear that approaching the high court directly for registration of FIR without first approaching the police or magistrate on a complaint was not maintainable.
Quoting a Supreme Court judgment "Ramesh Kumar Versus State," (NCT, New Delhi, 2016) Justice Ramesh in his order said "from the judgment it is comprehensible that the amount of alternative remedy cannot be a bar for issuance of direction under section 482 CrPC to register a case when cognisable offence is made out before the police officer."
Citing another latest judgment of a three Judge bench of the apex court in Prabhu Chawla' case, he further said "the Supreme Court held that there is no total bar on the exercise of inherent power where abuse of process of the Court or other extraordinary situation excites the Court's jurisdiction."
Dwelling on Section 482 CrPc, the Judge said availability of an alternative remedy cannot be an embargo for the High Court to exercise its inherent powers to secure the ends of justice.
Stating that a petition under Section 482 CrPC seeking a direction for registration of complaint is maintainable, the Judge directed the registry to number all the petitions filed seeking such relief and post it for hearing.
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