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Madras HC reserves orders on CrPC Section 482

Madras HC reserves orders on CrPC Section 482

The Madras High Court today reserved orders on the issue of whether Section 482 of the CrPc empowers it to direct police to register cases on complaints by petitioners.

Justice PN Prakash was dealing with pleas filed under Section 482 with some seeking direction to police to register a case while others demanding quashing of cases.

After hearing arguments from some senior advocates for and against the power of the court under Section 482 of the CrPc, the judge observed that “on one hand, the high court passes an order to register a case and on the other hand, the same court will quash the case which is a contradictory one.”

Some advocates argued that under Section 482, the high court has inherent power to direct police to register a case on complaints from petitioners.

When advocate Paul Kanagaraj submitted that the Supreme Court never prevented the high court from issuing direction to police to register a case, the judge immediately asked him to cite the case.

Former Public Prosecutor I Subramaniam, while referring to an Apex Court judgment, said the high court cannot give a direction to police to do “this and that”.

When Advocate Vijayaraghavan submitted that people have faith in the judiciary and not to close the doors of the high court while deciding its power under Section 482 of the CrPc, the judge orally observed “people come with oblique motive, and genuine litigants are unable to get justice”.

“Only seven per cent of Indians are using courts, and they have rated the service as ‘less than satisfactory’.

Therefore, let us not fool ourselves by saying judiciary is the last resort of people and public has faith in judiciary.

People are scared of courts,” the judge said.

After hearing the arguments, the judge reserved orders.

( Source – PTI )


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