Nachimuthu vs The Commissioner Of Police
2021 Latest Caselaw 2425 Mad

                                                                               Crl.O.P.No.1598 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED 03.02.2021

                                                       CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                              Crl.O.P.No.1598 of 2021
                     Nachimuthu                                                      .. Petitioner

                                                            Vs.
                     1. The Commissioner of Police,
                     District Police Office,
                     Annadhanapatti,
                     Salem District.

                     2. The Assistant Commissioner of Police,
                     Salem City Crime Branch,
                     Salem-1.

                     3. The Sub Inspector of Police,
                     Central Crime Branch,
                     Salem Town, Salem.
                                                                               .. Respondents
                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to issue suitable directions directing the respondents herein
                     to investigate the complaint pending in C.No.664/ACP/CCB/18 on the file
                     of the 3rd respondent herein in accordance with law and file FIR if a
                     cognizable offence is made out as per the direction of this Court in
                     Crl.OP.No.24357 of 2018 dated 12.10.2018.

                                                       Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                     Crl.O.P.No.1598 of 2021




                                            For Petitioner    : Mr.S.Kaithamalai Kumaran
                                            For Respondent        : Mr.M.Mohamed Riyaz
                                                                    Additional Public Prosecutor

                                                         ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 11.08.2018,

pending on the file of the third respondent Police.

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

Additional Public Prosecutor appearing on behalf of respondents Police.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1598 of 2021

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.

4. This Criminal Original Petition is disposed of accordingly.

03.02.2021

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

rli

To

1. The Commissioner of Police, District Police Office, Annadhanapatti, Salem District.

2. The Assistant Commissioner of Police, Salem City Crime Branch, Salem-1.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1598 of 2021

N. ANAND VENKATESH,J

rli

3. The Sub Inspector of Police, Central Crime Branch, Salem Town, Salem.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.1598 of 2021

03.02.2021

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