Fmr.21 vs The Superintendent Of Police
2021 Latest Caselaw 11265 Mad

                                                                           Crl.O.P.No.8285 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.8285 of 2021

                     1.FMR.21, Morappur Fishermen Co-operative Society,
                       Kuppachiammal Illam,
                       Mariayamman Koil Street,
                       Harur - 636 903,
                       Dharmapuri District.

                     2. Tmt.M.Buvaneswari
                        Elected President of
                        FMR.21, Morappur Fishermen Co-operative Society,
                        Kuppachiammal Illam,
                        Mariayamman Koil Street,
                        Harur - 636 903,
                        Dharmapuri District.
                                                                           ... Petitioners
                                                       Versus

                     1.The Superintendent of Police,
                       Dharmapuri Disctirt,
                       Dharmapuri.

                     2. The Inspector of Police,
                        Pappireddipatti Police Station,
                        Pappireddipatti,Dharmapuri District.               ... Respondents




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                    Crl.O.P.No.8285 of 2021


                               Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to direct the respondents to register the case on the
                     complaint given by the 2nd petitioner dated 21.04.2021 and proceed with
                     the investigation.


                                      For Petitioners    :      Mr.S.Doraiswamy

                                      For Respondents :         Mr.M.Mohamed Riyaz
                                                                Additional Pubic Prosecutor

                                                          ORDER

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

first information report on the basis of the complaint dated 21.04.2021

given by the petitioner to the respondents Vide CSR.No.88 of 2021.

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

Additional Public Prosecutor (Crl.side) 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8285 of 2021

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 petitioners 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

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https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8285 of 2021

M.NIRMAL KUMAR, J.

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To

1.The Superintendent of Police, Dharmapuri Disctirt, Dharmapuri.

2. The Inspector of Police, Pappireddipatti Police Station, Pappireddipatti,Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.8285 of 2021

30.04.2021

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