B.Krishna Singh vs The State Represented By Its
2021 Latest Caselaw 9187 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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                                                                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 the

Crl.O.P.No.6457 of 2021

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.

Crl.O.P.No.6457 of 2021

M.NIRMAL KUMAR, J.

ah

Crl.O.P.NO.6457 OF 2021

07.04.2021