On a confusing issue Justice JN Prakash of Madras High Court reserved the order. Issue is whether section 482 CrPc empowers HC to direct police to register case on complaints by complainants.
Senior Advocates before the court contended that under S.482 CrPc HC has inherent power to issue direction to police to register a case on complaints from petitioner.
Advocate Paul Kanagaraj submitted that SC never prevented HC to issue such direction, to which Justice JN Prakash immediately said him to a case to support the contention.
After listened all the arguments HC observed that “on one hand, HC passes order to register a case & on other hand, HC passes order to quash the case which is contradictory one.”
Former Public Prosecutor said “HC cannot give direction to police to do or that” by referring an Apex Court Judgement.
And when Advocate stated that people have faith in judiciary, Justice JN Prakash slammed his contention by saying that “people come to court with oblique motive & genuine litigants are unable to get justice & further said let us not fool ourselves by saying judiciary is the last resort of people and public has faith.”
After hearing the arguments Judge reserved the order.
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