← Library
Madras High CourtCRL OP/1366/2016disposed of

Mrs. Sasikala @ v. State By The Superintendent

2016-09-28Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.1366 of 2016 Sasikala @ S.P.Elammalarmangai .. Petitioner Vs State by 1.The Superintendent of Police, Namakkal District, Namakkal 2.Mr.Radhakrishnan, Deputy Superintendent of Police, Paramathivelur, Namakkal District.

3.Mr.Manivanan, Block Health Supervisor, Paramathivelur, Namakkal District.

4. Mr.Chellappan, Block Development Officer, Paramathivelur, Namakkal District.

5.Mr.Ponnusamy, President, Maniyanur Village Panchayat, Maniyanur, Paramathivelur Taluk, Namakkal District.

6. The Inspector of Police, Velagoundampatti Circle, Velagoundampatti Police Station, Paramathivelur Taluk, Namakkal District.

7.The Sub Inspector of Police, Nallur Police Station, Nallur, Paramathivelur Taluk, Namakkal District.

.. Respondents (The Respondents 2 to 7 are impleaded as per the order of this Court, dated 08.02.2016 made in Crl.M.P.No.1354 of 2016) Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to register FIR against the persons named on the basis of the complaint lodged by the petitioner on 31.12.2015.

For Petitione :Mr.C.Prakasam For RR1,RR2,RR6&RR7 :Mr.C.Emalias, Addl.Public Prosecutor RR5 : Mr.N.Umapathi RR3 & RR4 : Mr.Gunasekar

ORDER

This Criminal Original Petition has been filed to direct the respondent to register FIR against the persons named in the complaint, lodged by the petitioner on 31.12.2015. In State of Punjab vs. Davinder Pal Singh Bhullar and others [(2011) 14 SCC 770], the Supreme Court has held as under: "63 Application under Section 482 Cr.P.C. lies before the High Court against an order passed by the court subordinate to it in a pending case/proceedings. Generally, such powers are used for quashing criminal proceedings in appropriate cases. Such an application does not lie to initiate criminal proceedings or set the criminal law in motion. Inherent jurisdiction can be exercised if the order of the Subordinate Court results in the abuse of the "process" of the court and/or calls for interference to secure the ends of justice.

The use of word "process" implies that the proceedings are pending before the Subordinate Court. When reference is made to the phrase "to secure the ends of justice", it is in fact in relation to the order passed by the Subordinate Court and it cannot be understood in a general connotation of the phrase. More so, while entertaining such application the proceedings should be pending in the Subordinate Court. In case it attained finality, the inherent powers cannot be exercised. The party aggrieved may approach the appellate/revisional forum. Inherent jurisdiction can be exercised if injustice is done to a party, e.g., a clear mandatory provision of law is overlooked or where different accused in the same case are being treated differently by the Subordinate Court. (emphasis supplied).

An inherent power is not an omnibus for opening a Pandora's box, that too for issues that are foreign to the main context. The invoking of the power has to be for a purpose that is connected to a proceeding and not for sprouting an altogether new issue. A power cannot exceed its own authority beyond its own creation. . . . . ." Following the said judgment, this Court dismissed Crl.O.P. Nos.19197, 19198, 19343 and 19359 to 19363 of 2016 by a detailed order dated 27.09.2016.

In view of the above, this Criminal Original Petition is disposed of with liberty to the petitioner to follow the procedure laid down in the order dated 27.09.2016 passed by this Court in

Crl.O.P. Nos. 19197, 19198, 19343 and 19359 to 19363 of 2016 and file a fresh petition, if necessary.

pvs Sd/- Assistant Registrar (J) /TRUE COPY/ Sub-Assistant Registrar To 1.The Superintendent of Police, Namakkal District, Namakkal 2.The Deputy Superintendent of Police, Mr.Radhakrishnan, Paramathivelur, Namakkal District.

3.The Block Health Supervisor, Mr.Manivanan,Paramathivelur, Namakkal District.

4.The Block Development Officer, Mr.Chellappan, Paramathivelur, Namakkal District.

5.The President, Maniyanur Village Panchayat, Mr.Ponnusamy, Maniyanur, Paramathivelur Taluk, Namakkal District.

6. The Inspector of Police, Velagoundampatti Circle, Velagoundampatti Police Station, Paramathivelur Taluk, Namakkal District.

7.The Sub Inspector of Police, Nallur Police Station, Nallur, Paramathivelur Taluk, Namakkal District.

8.The Public Prosecutor, High Court, Madras.

+1CC to MR.C.PRAKASAM Advocate SR.NO.56057 Crl.OP No.1366 of 2016 RV[CO] MK:25/10/2016