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2016 Supreme(Mad) 3090

P.N.PRAKASH
Sugesan Transport Pvt. Ltd. – Appellant
Versus
Assistant Commissioner of Police – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nithyaesh Natraj
For the Respondents: Mr. R. Rajarathinam, Mr. C. Emalias

ORDER :

These Criminal Original Petitions are filed seeking a direction to the respondents to register the petitioners' complaints dated 17.08.2016.

2. Every Judge who is assigned the Section 482, Cr.P.C. portfolio has to perforce undergo an unenviable task of dealing with petitions praying for a direction to the police to register an FIR on the complaint that is said to have been given by the petitioners. Each Judge would devise his or her own mechanism to deal with the spate of such petitions which will be in hundreds week after week.

3. When I assumed this portfolio, I too had to deal with these petitions and the method I evolved was to read the complaints, hear the counsel for the petitioners and the Additional Public Prosecutor and pass the following orders, depending upon the facts obtaining in each case:-

i. Direction is given to the respondent police to register the complaint, if cognizable offence is made out and take action in accordance with the law laid down by the Supreme Court in Lalita Kumari vs. Government of Uttar Pradesh and Others-IV [(2014) 2 SCC 1] (for brevity Lalita Kumari-IV);

ii. If the dispute essentially appears to be civil in nature or involves money transact

















































































































































































































































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