R.Panneer Selvam vs The State
2021 Latest Caselaw 9202 Mad

                                                          CRL.O.P.No.6549 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.6549 of 2021

R.Panneer Selvam                                           ... Petitioner
                                   Versus
The State, rep. by its,
Inspector of Police,
P2, Otteri Police Station,
Chennai-600 012.                                           ... Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the respondent to register the case based
on the complaint dated 03.03.2021 under Section 420 IPC.

                  For Petitioner   :     Mr.C.S.Samadharma Arasu

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

                                   *****
                                 ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 03.03.2021

pending on the file of the respondent Police.

CRL.O.P.No.6549 of 2021

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

Additional Public Prosecutor 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.

CRL.O.P.No.6549 of 2021

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 Inspector of Police, P2, Otteri Police Station, Chennai-600 012.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.6549 of 2021

M.NIRMAL KUMAR, J.

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CRL.O.P.No.6549 of 2021

07.04.2021