Madras High Court has reiterated that Section 482 of Code of Criminal Procedure is not an alternate remedy to Section 156(3) of Cr.P.C on refusal of police to register First Information Report on receipt of information regarding the commission of a Cognizable Case.
Justice G.K.Ilanthiraiyan has re-iterated the principles stated by a Division Bench of Madras High Court in Crl.O.P.(MD)No.13681 of 2018.
Petitioner had approached the court with a criminal original petition filed under Section 482 Cr.P.C asking for direction to respondents to register a case on the complaint which was filed by the petitioner in April, 2017.
Bench of Justice G.K.Ilanthiraiyan said petition of the nature filed by petitioner was not maintainable before the court.
The Division Bench held that 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.
The Bench has directed the Magistrates that no petition shall be entertained without exhausting the remedy under Section 154(3) Cr.P.C.
It is also held that a petition can be filed in the High Court invoking the inherent jurisdiction under Section 482 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
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However, liberty was granted to the petitioner to work out his remedy in accordance with the guidelines given by the Division Bench of the court in the above referred decision.