E.Mariyaraj vs The Superintendent Of Police
2021 Latest Caselaw 9452 Mad

                                                                                  Crl.O.P.No.6983 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 09.04.2021

                                                        CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                  Crl.O.P.No.6983 of 2021

                     E.Mariyaraj                                                  ... Petitioner

                                                            Versus

                     1.The Superintendent of Police,
                       SH 37, Marapalayam Near P.S.Park,
                       Erode - 638 001.

                     2.The Inspector of Police,
                       Sathiyamangalam Police Station,
                       Erode District - 638 401.                                  ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents police to register
                     the case based upon the complaint given by the petitioner dated
                     10.03.2020 in C.S.R.No.117 of 2020 dated 14.09.2020 and file a report
                     within stipulated time.
                                       For Petitioner   :       Mr.A.D.Janarthanan

                                       For Respondents :        Mr.M.Mohamed Riyaz
                                                                Additional Public Prosecutor
                                                            *****


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.6983 of 2021


                                                       ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 10.03.2020

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.

Liberty is given to the petitioner to workout his remedy as per the

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6983 of 2021

directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

09.04.2021 Index: Yes/No Internet: Yes/No

dna

To

1.The Superintendent of Police, SH 37, Marapalayam Near P.S.Park, Erode - 638 001.

2.The Inspector of Police, Sathiyamangalam Police Station, Erode District - 638 401.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6983 of 2021

M.NIRMAL KUMAR, J.

dna

CRL.O.P.No.6983 of 2021

09.04.2021

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