Kannaiyaram vs The Deputy Superintendent Of ...
2021 Latest Caselaw 9195 Mad

                                                           CRL.O.P.No.6594 of 2021


           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                               DATED : 07.04.2021

                                   CORAM:

                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                            CRL.O.P.No.6594 of 2021

Kannaiyaram                                                 ... Petitioner

                                   Versus

1.The Deputy Superintendent of Police,
  Office of Deputy Superintendent of Police,
  Arakkonam,
  Ranipet District.

2.The Inspector of Police,
  Arakkonam Taluk Police Station,
  Arakkonam.                                                ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to issue a suitable direction to the respondents
register a case on the basis of the petitioner's complaint dated 09.03.21
and thereby render justice.

                  For Petitioner   :      Mr.M.Manoj

                  For Respondents :       Mr.M.Mohammed Riyaz,
                                          Additional Public Prosecutor

                                       *****


Page No.1 of 4
                                                          CRL.O.P.No.6594 of 2021




                                 ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 09.03.2021

pending on the file of the 2nd respondent Police.

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

Additional Public Prosecutor 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

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.

CRL.O.P.No.6594 of 2021

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.

07.04.2021 Index: Yes/No Internet: Yes/No

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To

1.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Arakkonam, Ranipet District.

2.The Inspector of Police, Arakkonam Taluk Police Station, Arakkonam.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.6594 of 2021

M.NIRMAL KUMAR, J.

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CRL.O.P.No.6594 of 2021

07.04.2021