B.Krishna Singh vs The State Represented By Its
2021 Latest Caselaw 9178 Mad

                                                                                    Crl.O.P.No.6457 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 07.04.2021

                                                             CORAM

                              THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                                 Crl.O.P.NO.6457 OF 2021

                  B.Krishna Singh                                                ... Petitioner

                                                              Vs.

                  The State Represented by its
                  Inspector of Police,
                  Thirukkanur Police Station,
                  Puducherry.                                                    ... Respondent

                  PRAYER: Criminal Original Petition is filed under Section 482 of the Code
                  of Criminal Procedure, to issue suitable direction to register F.I.R based on his
                  complaint dated 23.01.2020 to the above respondent police for criminal case
                  under law and deal with them in accordance with law.


                                     For Petitioner      :     Mr.Krishna Singh (Party in person)

                                     For Respondent      :     Mr.D.Bharatha Chakravarthy,
                                                               Public Prosecutor (Pondicherry)

                                                             *****




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https://www.mhc.tn.gov.in/judis/
                                                                                   Crl.O.P.No.6457 of 2021




                                                       ORDER

This Writ Petition has been filed to issue suitable direction to register

F.I.R based on his complaint dated 23.01.2020 to the above respondent police

for criminal case under law and deal with them in accordance with law.

2.Heard the petitioner and the learned Public Prosecutor (Pondicherry)

appearing for the respondent.

3.This petition is not maintainable, in view of the Order passed by a

Division Bench of this Court in G.Prabhakaran Vs. 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 Vs. 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 of Cr.P.C. Liberty is given to the petitioner

to workout his remedy as per the directions issued by the Division Bench in

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6457 of 2021

the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

07.04.2021

Index : Yes/No Internet : Yes/No ah

To

1.The Inspector of Police, Thirukkanur Police Station, Puducherry.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6457 of 2021

M.NIRMAL KUMAR, J.

ah

Crl.O.P.NO.6457 OF 2021

07.04.2021

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