Jayamoorthy vs State Rep. By
2021 Latest Caselaw 2291 Mad

                                                                                 Crl.O.P.No.1497 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.1497 of 2021

                     Jayamoorthy                                                        .. Petitioner

                                                                 Vs.

                     1. State rep. by
                        The Superintendent of Police,
                        Puducherry.

                     2. State rep. by
                        The Inspector of Police,
                        Muthialpet Police Station,
                        Puducherry – 605 012.                                       .. Respondent

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

                     Procedure Code, to direct the 2nd respondent to register a case based

                     on the petitioner's complaint dated 26.12.2020.



                                          For Petitioner        : Mr.D.Krishnamoorthy

                                          For Respondents : Mr.V.Balamurugane
                                                             Additional Public Prosecutor
                                                            (Puducherry)




                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                              Crl.O.P.No.1497 of 2021



                                                      ORDER

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

register a case based on the petitioner's complaint dated 26.12.2020.

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

Additional Public Prosecutor (Puducherry) 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1497 of 2021

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.

02.02.2021

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

To

1. The Superintendent of Police, Puducherry.

2. The Inspector of Police, Muthialpet Police Station, Puducherry – 605 012.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1497 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.1497 of 2021

02.02.2021

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