B.Jagadeesan vs The Sub Inspector Of Police
2021 Latest Caselaw 2289 Mad

                                                                                     Crl.O.P.No.1546 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 02.02.2021

                                                            CORAM

                             THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P.No.1546 of 2021

                     B.Jagadeesan                                                           .. Petitioner
                                                                 Vs.
                     The Sub Inspector of Police,
                     Tirupattur Town Police Station,
                     Tirupattur Town & District.                                          .. Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the respondent to register the F.I.R on the
                     petitioner's complaint dated 30/12/2020.


                                           For Petitioner        : Mr.S.Gunaseelan

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

                                                        ORDER

This petition has been filed to direct the respondent to register the

F.I.R on the petitioner's complaint dated 30/12/2020.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1546 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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1546 of 2021

This Criminal Original Petition is disposed of accordingly.

02.02.2021

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

To

1. The Sub Inspector of Police, Tirupattur Town Police Station, Tirupattur Town & District.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1546 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.1546 of 2021

02.02.2021

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