Madras High Court Grants Interim Stay on Salem Magistrate’s Order Directing DGP and Salem Police Commissioner to File Report

[18/02, 16:24] sekarreporter1: http://youtube.com/post/UgkxZBq8Q73QJKt1L0sxj212zETafsPmH8e2?si=12BPYN9yx5BmUYeC
[18/02, 16:24] sekarreporter1: Madras High Court Grants Interim Stay on Salem Magistrate’s Order Directing DGP and Salem Police Commissioner to File Report

One Jayaseelan Gopal Krishnan filed a case before the Salem 4th Magistrate Court seeking registration of a criminal case against the Salem Kannankurichi Inspector and Salem City Police Commissioner, alleging that no action was taken on his complaint filed against a Rotary Club.
After hearing the case, Salem 4th Criminal Court Judge Poovaragan had ordered the Director General of Police (DGP) and the Salem City Police Commissioner to submit a report.
Challenging this order, the then Salem City Police Commissioner Pravin Kumar Abhinav filed a petition before the Chennai High Court. The petition came up for hearing today (18.02.2026) before Chennai High Court Justice Jagadish Chandra.

During the hearing, Government Advocate S. Santhosh, appearing for the Salem City Police Commissioner, argued that:
“Merely because the police have not registered a case based on a complaint, the complainant cannot seek registration of a criminal case against the police officers themselves. If a case has not been registered, the appropriate remedy is to approach the competent court and seek directions for registration of the case. However, based on the subject matter of this case, it is not possible to directly seek registration and investigation of a criminal case against the police.

The Salem Magistrate Court ought not to have taken this case up for hearing at all. Furthermore, since the case was not maintainable, issuing a notice calling for a report from the DGP and the Salem City Police Commissioner is illegal. A Magistrate Court cannot exercise powers that vest with the High Court. Orders can only be passed within the limits prescribed by law. Seeking a report from the DGP is an act in excess of jurisdiction.”

He also cited several Supreme Court judgments in support of his arguments. Accepting these arguments, Justice Jagadish Chandra granted an interim stay on the order passed by Salem 4th Magistrate Judge Poovaragan, which had called for a report from the DGP and the Salem City Police Commissioner.