M/S.Sundar Travels vs The Superintendent Of Police
2021 Latest Caselaw 11264 Mad

                                                                         Crl.O.P.No.8343 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 30.04.2021

                                                     CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                              CRL.O.P. No.8343 of 2021

                     M/s.Sundar Travels,
                     A Proprietorship Firm
                     Rep.by its Sole Proprietor,
                     T.Sudhashini
                     No.122-B, Type II Quarters, Block - 22,
                     Neyveli - 607 807.                                  ... Petitioner

                                                     Versus


                     1. The Superintendent of Police,
                        Karaikkal,
                        Pondicherry.

                     2. The Inspector of Police,
                        Karaikal,
                        Pondicherry.

                     3. The Inspector of Police,
                        Kutralam Police Station,
                        Nagapattinam District.                           ... Respondents




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                Crl.O.P.No.8343 of 2021


                               Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to direct the respondent police to investigate the
                     matter and to register the same on the basis of the complaint given by the
                     petitioner in accordance with law.


                                      For Petitioner   :     M/s.M.Akila

                                      For Respondents :      Mr.D.Bharathachakravarthy
                                                             Pubic Prosecutor,
                                                             Pondicherry.

                                                        ORDER

The petitioner filed this Criminal Original Petition seeking a

direction to direct the respondents to register the first information report

on the basis of the complaints dated 28.02.2021, 09.03.2021 and

27.03.2021, given by the petitioner to the respondents.

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor (Crl.side) appearing on behalf of the

respondent.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8343 of 2021

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

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

4.This Criminal Original Petition is disposed of accordingly.

30.04.2021 Index: Yes/No Internet: Yes/No klt

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8343 of 2021

M.NIRMAL KUMAR, J.

klt

To

1. The Superintendent of Police, Karaikkal, Pondicherry.

2. The Inspector of Police, Karaikal, Pondicherry.

3. The Inspector of Police, Kutralam Police Station, Nagapattinam District.

4.The Public Prosecutor, Pondicherry.

CRL.O.P.No.8343 of 2021

30.04.2021

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