Madras High Court
S. Kuppusamy vs The Superintendent Of Police on 23 April, 2021
Crl.O.P.No.7630 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.7630 of 2021
S. Kuppusamy ... Petitioner
Versus
1.The Superintendent of Police,
Office of the Superintendent of Police,
Vellore Road, Vengikkal,
Thiruvannamalai Taluk,
Thiruvannamalai District – 606 604.
2.The Deputy Inspector General of Police,
Office of the Deputy Inspector General of Police,
Anna Salai, Thorapadi, Tolgate,
Vellore – 632 002.
3.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Arni Town, Arni Taluk,
Thiruvannamalai District – 632 301.
4.The Inspector of Police,
Arni Taluk Police Station,
Arni Town, Arni Taluk,
Thiruvannamalai District – 632 301. ... Respondents
Page No.1 of 4
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Crl.O.P.No.7630 of 2021
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the fourth respondent herein to register a
F.I.R. on the Ganapathy, Rani and Kanagavalli, residing at
Vinnamangalam Village & Post, Arni Taluk, Thiruvannamalai District on
the basis of the complaint dated 05.03.2021 given by the petitioner
herein.
For Petitioner : Mr. S. Ram Kumar
For Respondents : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
*****
ORDER
This petition has been filed to direct the respondent Police to
register a case based on the petitioner complaint dated 05.03.2021
pending on the file of the fourth respondent Police.
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
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Crl.O.P.No.7630 of 2021
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.
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.
23.04.2021
Index: Yes/No
Internet: Yes/No
dna
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Crl.O.P.No.7630 of 2021
M.NIRMAL KUMAR, J.
dna
To
1.The Superintendent of Police,
Office of the Superintendent of Police,
Vellore Road, Vengikkal,
Thiruvannamalai Taluk,
Thiruvannamalai District – 606 604.
2.The Deputy Inspector General of Police,
Office of the Deputy Inspector General of Police,
Anna Salai, Thorapadi, Tolgate,
Vellore – 632 002.
3.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Arni Town, Arni Taluk,
Thiruvannamalai District – 632 301.
4.The Inspector of Police,
Arni Taluk Police Station,
Arni Town, Arni Taluk,
Thiruvannamalai District – 632 301
3.The Public Prosecutor,
High Court, Madras.
CRL.O.P.No.7630 of 2021
23.04.2021
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