S.Raja vs The Commissioner Of Police
2021 Latest Caselaw 11066 Mad

                                                                                     Crl.OP.No.8105 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 29.04.2021

                                                       CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                 Crl.OP.No.8105 of 2021

                     S.Raja                                         ... Petitioner

                                                       Versus

                     1.The Commissioner of Police,
                       Salem, Salem District.

                     2.State rep. by
                       The Inspector of Police,
                       Veeranam Police Station,
                       Salem District.                                           ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondent to register FIR based on
                     the petitioner's complaint dated 09.04.2021.

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




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                     Crl.OP.No.8105 of 2021




                                                          ORDER

This petition has been filed to direct the respondent to register FIR

based on the petitioner's complaint dated 09.04.2021.

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.OP.No.8105 of 2021

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

4.This Criminal Original Petition is disposed of accordingly.

29.04.2021 mbi

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

https://www.mhc.tn.gov.in/judis/ Crl.OP.No.8105 of 2021

M.NIRMAL KUMAR, J.

mbi

To

1.The Commissioner of Police, Salem, Salem District.

2.State rep. by The Inspector of Police, Veeranam Police Station, Salem District.

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

Crl.OP.No.8105 of 2021

29.04.2021

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