S.Muruganantham vs The Superintendent Of Police
2021 Latest Caselaw 2133 Mad

                                                                                  Crl.O.P.No.20198 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 01.02.2021

                                                           CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.20198 of 2020


                     S.Muruganantham                                                      .. Petitioner

                                                                Vs.

                     1. The Superintendent of Police,
                        Cuddalore District,
                        Cuddalore.

                     2. The Inspector of Police,
                        Mangalampettai Police Station,
                        Cuddalore District.                                            .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the 2nd respondent to register a case on the
                     petitioner's complaint dated 06.12.2020 and to take appropriate legal action
                     in accordance with law and thus render justice.

                                          For Petitioner        : Mr.P.Nagaraju

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

                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.20198 of 2020




                                                         ORDER

This petition has been filed to direct the 2nd respondent to register a

case on the petitioner's complaint dated 06.12.2020 and to take appropriate

legal action in accordance with law

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20198 of 2020

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.

This Criminal Original Petition is disposed of accordingly.

01.02.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order ssr

To

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, Mangalampettai Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20198 of 2020

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.20198 of 2020

01.02.2021

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