S.Ranjith vs Inspector Of Police
2021 Latest Caselaw 11269 Mad

                                                                                   Crl.O.P.No.8247 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. 8247 of 2021

                     S.Ranjith                                                     ... Petitioner
                                                         Versus

                     Inspector of Police,
                     F5, Phadhari Veadu, Police Station,
                     Thiruvallur District.                                         ... Respondent

                               Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to register an FIR pursuant to the complaint dated
                     9.3.2021 given to the respondent.


                                      For Petitioner     :     Mr.V.V.Sairam

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

                                                         ORDER

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

first information report on the basis of the complaint dated 09.03.2021

given by the petitioner to the respondent vide CSR.No.58 of 2021.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8247 of 2021

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

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

respondent.

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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8247 of 2021

4.This Criminal Original Petition is disposed of accordingly.

30.04.2021 Index: Yes/No Internet: Yes/No

klt

To

1.The Inspector of Police, F5, Phadhari Veadu, Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8247 of 2021

M.NIRMAL KUMAR, J.

klt

CRL.O.P.No.8247 of 2021

30.04.2021

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