L.N.Ramesh vs The State Rep By
2021 Latest Caselaw 10945 Mad

                                                                                CRL.O.P.No.8012 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.8012 of 2021

                     L.N.Ramesh                                                  ... Petitioner
                                                        Versus
                     1.The State rep by
                       The Superintendent of Police,
                       Thiruvallur,
                       Thiruvallur District.

                     2.The Inspector of Police,
                       T9-Pattabiram Police Station,
                       Pattabiram,
                       Chennai.                                                  ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the second respondent to register the
                     case against the accused person Mr Sundarajan s/o Periyakaruppan on
                     the petitioner's complaint dated 18.01.2021.

                                       For Petitioner   :      Mr.D.Arun

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

                                                            *****




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                CRL.O.P.No.8012 of 2021


                                                         ORDER

This petition has been filed to direct the 2nd respondent Police to

register a case based on the petitioner complaint dated 18.01.2021

pending on the file of the 2nd 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 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.8012 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, Thiruvallur, Thiruvallur District.

2.The Inspector of Police, T9-Pattabiram Police Station, Pattabiram, Chennai.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.8012 of 2021

M.NIRMAL KUMAR, J.

vv2

CRL.O.P.No.8012 of 2021

28.04.2021

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