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2004 Supreme(Mad) 16

A.K.RAJAN
K. R. Ramkumar – Appellant
Versus
State rep. By Inspector of Police – Respondent


Advocates Appeared:
Mr. S. Palanivelayudham, Advocate for Petitioner. Mr. A.N. Thambidurai, Government Advocate (Criminal Side) for Respondent.

Judgment :

1. All the above Criminal Original Petitions are filed seeking for a direction to the respondents to register a case on the basis of the complaint given by the petitioners therein.

2. The learned counsel for the petitioners place reliance on the Judgment in Chelpark Co. v. Commissioner of Police, Madras, 1969 Crl.L.J. 206, wherein this Court has held that when a Magistrate can order investigation under Section 156(3), Cr.P.C. it cannot be said that High Court has no power to order investigation and direct the police to do its duty. Reliance is also placed upon the decision of the Supreme Court in Mohindro v. State of Punjab & others, 2001 (2) Supreme (Cr.) 141, that: “Police cannot refuse to register a case on report of cognizable offence on basis of any alleged enquiry”.

The learned counsel for the petitioners submitted that in view of the above decisions, these petitions are to be allowed as prayed for.

3. Heard the learned Government Advocate on the Criminal side on these aspects.

4. These petitions are filed under Section 482, Cr.P.C. invoking the inherent powers of this Court. The contention of the learned counsel appearing on behalf of the petitioners is that sin






























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