R.S.Sakthivel vs The Assistant Commissioner Of ...
2021 Latest Caselaw 10374 Mad

                                                                                   Crl.OP.No.7537 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 22.04.2021

                                                         CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                   Crl.OP.No.7537 of 2021

                     R.S.Sakthivel                                                 ... Petitioner
                                                         Versus
                     State represented by its
                     1.The Assistant Commissioner of Police,
                       Pallavaram Range, Pallavaram,
                       Chennai - 600 043.

                     2.The Inspector of Police,
                       Pallavaram Police Station,
                       Pallavaram, Chennai - 600 043.                          ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondents to register the
                     complaints dated 29.09.2019 and 13.03.2021 and to take appropriate
                     action against the accused person and to file a detailed report before this
                     Court within a stipulated time period.

                                       For Petitioner    :     Mr.M.Selvam

                                       For Respondents :       Mr.M.Mohamed Riyaz,
                                                               Additional Public Prosecutor




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                      Crl.OP.No.7537 of 2021




                                                          ORDER

This petition has been filed to direct the respondents to register the

petitioner complaints dated 29.09.2019 and 13.03.2021 and file an FIR.

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor appearing on behalf of the respondents.

3.This petition is not maintainable, in view of the Order passed by

a Division Bench of this Court in G.Prabhakaran v. The Superintendent

of Police, Thanjavur reported in (2018) 2 LW Crl 489. The Hon'ble

Supreme Court in its latest judgment rendered by a three Judge Bench

in M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464, after

relying upon Sakiri Vasu Case, has categorically held that the High Court

cannot issue any direction for registration of FIR in exercise of its

jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme Court

held that the informant has to necessarily avail of the alternative remedy

provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C.

https://www.mhc.tn.gov.in/judis/ Crl.OP.No.7537 of 2021

Liberty is given to the petitioner to workout his remedy as per the

directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

22.04.2021 mbi

Index: Yes/No Internet: Yes Speaking/Non-Speaking Order

To

1.The Assistant Commissioner of Police, Pallavaram Range, Pallavaram, Chennai - 600 043.

2.The Inspector of Police, Pallavaram Police Station, Pallavaram, Chennai - 600 043.

3.The Public Prosecutor, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis/ Crl.OP.No.7537 of 2021

M.NIRMAL KUMAR, J.

mbi

Crl.OP.No.7537 of 2021

22.04.2021

https://www.mhc.tn.gov.in/judis/