G.M.Babu vs The Superintendent Of Police
2021 Latest Caselaw 2293 Mad

                                                                                   Crl.O.P.No.1470 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.1470 of 2021


                     G.M.Babu                                                             .. Petitioner

                                                                Vs.

                     1. The Superintendent of Police,
                        Erode District,
                        Erode – 1.

                     2. The Inspector of Police,
                        Punjaipuliampatti Police Station,
                        Erode District.                                                .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct to the respondents to register a case on the
                     petitioner's complaint dated 15.09.2020 (CSR No.76/2020) to the 2nd
                     respondent, investigate and file a final report.
                                          For Petitioner        : Mr.N.Manoharan

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



                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                   Crl.O.P.No.1470 of 2021

                                                         ORDER

This petition has been filed to direct to the respondents to register a

case on the petitioner's complaint dated 15.09.2020 (CSR No.76/2020) to

the 2nd respondent, investigate and file a final report.

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.1470 of 2021

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.

02.02.2021

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

To

1. The Superintendent of Police, Erode District, Erode – 1.

2. The Inspector of Police, Punjaipuliampatti Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1470 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.1470 of 2021

02.02.2021

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