N.Thanigaivel vs The State Of Tamil Nadu
2021 Latest Caselaw 10799 Mad

                                                                               Crl.O.P.No.7834 of 2021


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 27.04.2021

                                                       CORAM:

                                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                             Crl.O.P.No.7834 of 2021


                      N.Thanigaivel                                             ... Petitioner

                                                        Versus

                      1.The State of Tamil Nadu
                        Rep. by the Superintendent of Police,
                        Tiruvannamalai,
                        Tiruvannamalai District.

                      2.The Deputy Superintendent of Police,
                        Vandavasi,
                        Tiruvannamalai District.

                      3.The Inspector of Police,
                        Peranamallur Police Station,
                        Vandavasi Taluk,
                        Tiruvannamalai District.                               ... Respondents


                      PRAYER: Criminal Original Petition filed under Section 482 of the Code
                      of Criminal Procedure, to direct the 2nd respondent to register the
                      complaint of the petitioner dated 16.10.2020 and investigate the same.



                      Page No.1 of 4


http://www.judis.nic.in
                                                                                     Crl.O.P.No.7834 of 2021


                                       For Petitioner      :     Mr.S.Arunkumar

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

                                                           ORDER

This petition has been filed to direct the 3rd respondent Police

to register a case based on the petitioner complaint dated 16.10.2020

pending on the file of the 3rd 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 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

http://www.judis.nic.in Crl.O.P.No.7834 of 2021

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.

27.04.2021 Index: Yes/No Internet: Yes/No dna

http://www.judis.nic.in Crl.O.P.No.7834 of 2021

M.NIRMAL KUMAR, J.

dna

To

1.The Superintendent of Police, Tiruvannamalai, Tiruvannamalai District.

2.The Deputy Superintendent of Police, Vandavasi, Tiruvannamalai District.

3.The Inspector of Police, Peranamallur Police Station, Vandavasi Taluk, Tiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.7834 of 2021

27.04.2021

http://www.judis.nic.in