S.Arumugam vs The Superintendent Of Police
2021 Latest Caselaw 9765 Mad

                                                                                     W.P.No.9260 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 16.04.2021

                                                          CORAM

                                  THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                                    W.P.No.9260 of 2021

                      S.Arumugam                                             ... Petitioner

                                                           Versus

                      State by:
                      1.The Superintendent of Police,
                        District Police Office, Salem.

                      2.The Inspector of Police,
                        Taramangalam Police Station,
                        Omallur Taluk,
                        Salem District-636 502.

                      3.K.K.Jayasimman                                        ... Respondents

                      PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                      to issue a direction to the 2 nd respondent through the 1st respondent to give
                      Police Protection to the petitioner by considering the complaint dated
                      03.02.2021.

                                  For Petitioner            :       Mr.T.N.Buvaneswaran

                                  For 1st & 2nd Respondents :       Mr.M.Mohamed Riyaz
                                                                    Additional Public Prosecutor

                                                           *****



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                                                                                        W.P.No.9260 of 2021




                                                         ORDER

This Writ Petition has been filed to direct the 2nd respondent

through the 1st respondent to give Police Protection to the petitioner by

considering the complaint dated 03.02.2021.

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

Additional Public Prosecutor appearing on behalf of the respondents.

3.Though the petitioner has sought for police protection in respect

of his complaint dated 13.02.2021, it has to be considered by the 2nd

respondent Police. From the averments in the complaints, it is seen that the

petition is for registering the First Information Report. This Court in

G.Prabhakaran v. The Superintendent of Police, Thanjavur reported in

(2018) 2 LW Crl 489 and 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, 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 the alternative remedy provided under Section 154

http://www.judis.nic.in W.P.No.9260 of 2021

(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.

4.This Criminal Original Petition is disposed of accordingly.

16.04.2021 Index : Yes/No Internet: Yes/No

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To

1.The Superintendent of Police, District Police Office, Salem.

2.The Inspector of Police, Taramangalam Police Station, Omallur Taluk, Salem District-636 502.

3.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in W.P.No.9260 of 2021

M.NIRMAL KUMAR, J.

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W.P.No.9260 of 2021

16.04.2021

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