Malliga v. The District Superintendent of Police, Trichy District, Trichy.2.The Sub Inspector of Police
Case at a glance
- Bench
- R MALACRIMINAL ORIGINAL PETITIO
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 294(b), 306, 323, 506(ii)
Judgment
1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 22.07.2011CORAM:THE HONOURABLE MS.JUSTICE R.MALACriminal Original Petition(MD) No.4652 of 2011 Malliga .. PetitionerVs.
The District Superintendent of Police, Trichy District, Trichy.
The Sub Inspector of Police, Valanady Police Station, Trichy District... RespondentsPrayer: Criminal Original Petition filed under Section 482 of Cr.P.C.praying to direct the 2nd respondent to register a case for an alleged offences punishable under Sections 294(b), 323, 506(ii) and306 I.P.C. on the basis of the petitioner's complaint given to the 2ndrespondent dated 03.11.2010.For Petitioner: Mr.V.KarunaFor Respondents: Ms.S.Prabha Govt. Advocate(Crl. Side)
O R D E RThe petitioner approaches this Court with a prayer to direct the 2nd respondent to register a case for an alleged offences punishable under Sections 294(b), 323, 506(ii) and 306 I.P.C. on the basis of the petitioner's complaint given to the 2nd respondent dated03.11.2010.2. Heard both sides.
The learned counsel appearing for the petitioner would submit that the petitioner has given a complaint on 03.11.2010 to the2nd respondent. But, so far, no action has been taken on his complaint.
The learned counsel appearing for the petitioner fairly conceded that the petitioner has not followed the dictum laid down in the case in Sakiri Vasu vs. State of Uttar Pradesh and Others reported in 2008 (2) SCC 409. https://hcservices.ecourts.gov.in/hcservices/
Since, the petitioner has not followed the dictum laid downin the case in Sakiri Vasu vs. State of Uttar Pradesh and Othersreported in 2008 (2) SCC 409, the petitioner is directed to avail the alternative remedy before filing this application under Section 482of the Code of Criminal Procedure.6. With the above observation, this Criminal Original Petitionis disposed of. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To1.The District Superintendent of Police, Trichy District, Trichy. 2. The Sub Inspector of Police, Valanadu Police Station, Trichy District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.V.Karuna, Advocate, Sr.No.24540Crl.O.P.(MD)No.4652 of 201122.07.2011ARULSMA/02.8.2011/5C/2P
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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