K.Bhuvanendiran vs The Superintendent Of Police
2021 Latest Caselaw 2135 Mad

                                                                            Crl.O.P.No.19939 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.19939 of 2020


                     K.Bhuvanendiran                                                .. Petitioner

                                                             Vs.

                     1. The Superintendent of Police,
                        Thiruppur District – 641 603.

                     2. The Deputy Superintendent of Police,
                        Avinashi Police Range,
                        Thiruppur District – 641 654.

                     3. The Inspector of Police,
                        Kunnanthur Police Station,
                        Thiruppur District – 638 103.

                     4. G.Velumani

                     5. S.K.Selvan                                               .. Respondents


                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal

                     Procedure Code, directing the 1st respondent to 3rd respondent to take

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https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.19939 of 2020

                     necessary further action based on the complaint dated on 12.11.2020 and to

                     investigate the case.


                                           For Petitioner        : Mr.V.Logeswaran

                                           For Respondents : Mr.M.Mohamed Riyaz
                                                             Additional Public Prosecutor
                                                             for R1 to R3

                                                        ORDER

This petition has been filed to direct the 1st respondent to 3rd

respondent to take necessary further action based on the complaint dated on

12.11.2020 and to investigate the case.

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

Additional Public Prosecutor appearing on behalf of the respondents 1 to 3.

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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19939 of 2020

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.

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, Thiruppur District – 641 603.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19939 of 2020

N. ANAND VENKATESH,J

ssr

2. The Deputy Superintendent of Police, Avinashi Police Range, Thiruppur District – 641 654.

3. The Inspector of Police, Kunnanthur Police Station, Thiruppur District – 638 103.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.19939 of 2020

01.02.2021

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