Section 482 of CrPC cannot be invoked in all circumstances: Madras HC

A division bench comprising Justice MM Sundresh and Justice N Sathish Kumar, said, “Section 482 of the CrPC is not an alternative remedy to Section 156(3) CrPC (generally known as FIR), but a repository of inherent power.”

Pointing out that the normal course of remedy on a failure or refusal to record the information is Section 156(3) CrPC, wherein the person aggrieved by the SHOs refusal to record the information may send the substance of such information, in writing and by post, to the SP, the bench held that a petition can be filed invoking the inherent jurisdiction of this Court only after the completion of 15 days from the date of receipt of the information by the SHO.

However, after conducting the preliminary enquiry, the SHO’s decision in either registering the compliant or closing it will have to be intimated to the informant immediately and in any case not later than seven days.  Once such a decision is made, the informant cannot invoke Section 482 CrPC as the remedy lies elsewhere, the bench added.

The observation was based on a reference made on finding two contradictory views by two judges on a petition seeking for a direction to the police to register a cognizable offence.