R.G.Tirugnana Sambanda Murthy vs The Commissioner Of Police
2021 Latest Caselaw 11067 Mad

                                                                                Crl.OP.No.8063of 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.8063of 2021

                     R.G.Tirugnana Sambanda Murthy                             ... Petitioner

                                                       Versus

                     1.The Commissioner of Police,
                       Tiruppur City,
                       Tiruppur.

                     2.The Inspector of Police,
                       Rural Police Station,
                      Tiruppur City,
                      Tiruppur.

                     3.The Inspector of Police,
                       Central Crime Branch,
                       Tiruppur City,
                       Tiruppur.                                              ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the 1st respondent to register the FIR
                     based on the petitioner's complaint dated 29.10.2021.

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

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                      Crl.OP.No.8063of 2021




                                                          ORDER

This petition has been filed to direct the 1st respondent to register

FIR based on the petitioner's complaint dated 29.10.2021.

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.8063of 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.8063of 2021

M.NIRMAL KUMAR, J.

mbi

To

1.The Commissioner of Police, Tiruppur City, Tiruppur.

2.The Inspector of Police, Rural Police Station, Tiruppur City, Tiruppur.

3.The Inspector of Police, Central Crime Branch, Tiruppur City, Tiruppur.

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

Crl.OP.No.8063of 2021

29.04.2021

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