T.Kumaraguru vs The Superintendent Of Police
2021 Latest Caselaw 10918 Mad

                                                                                CRL.O.P.No.8007 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 28.04.2021

                                                        CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                CRL.O.P.No.8007 of 2021

                     T.Kumaraguru                                                ... Petitioner
                                                        Versus
                     1.The Superintendent of Police,
                       The office of the Superintendent of Police,
                       Villupuram district, Villupuram.

                     2.The Deputy Superintendent of Police,
                       Economic Offence Wing,
                       The office of the Superintendent of Police,
                       Villupuram district, Villupuram.

                     3.The Inspector of Police,
                       Economic Offence Wing,
                       Villupuram district,
                       Villupuram.                                               ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondents police to register the
                     petitioner's complaint dated 23.3.2021.

                                       For Petitioner   :      Mr.A.Ramesh
                                       For Respondent   :      Mr.M.Mohammed Riyaz,
                                                               Additional Public Prosecutor

                                                            *****

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                   CRL.O.P.No.8007 of 2021


                                                          ORDER

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

petitioner's complaint dated 23.3.2021.

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.

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.8007 of 2021

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

4.This Criminal Original Petition is disposed of accordingly.

28.04.2021 Index: Yes/No Internet: Yes/No

vv2

To

1.The Superintendent of Police, The office of the Superintendent of Police, Villupuram district, Villupuram.

2.The Deputy Superintendent of Police, Economic Offence Wing, The office of the Superintendent of Police, Villupuram district, Villupuram.

3.The Inspector of Police, Economic Offence Wing, Villupuram district, Villupuram.

4.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.8007 of 2021

M.NIRMAL KUMAR, J.

vv2

CRL.O.P.No.8007 of 2021

28.04.2021

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