Santhiraj vs State Rep. By
2021 Latest Caselaw 2431 Mad

                                                                                   Crl.O.P.No.1593 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.1593 of 2021

                     Santhiraj                                                    .. Petitioner

                                                                Vs.
                     1. State rep. by
                     The Superintendent of Police,
                     Kallakurichi District,
                     Kallakurichi.

                     2. The Inspector of Police,
                     Thirukoyilur Police station,
                     Kallakurichi District.
                                                                                   .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the first respondent Police to appoint any other
                     officer than the second respondent to enquiry into the petitioner's complaint
                     dated 21.12.2020.
                                          For Petitioner    : Mr.R.C.Paul Kanagaraj
                                          For Respondent        : Mr.M.Mohamed Riyaz
                                                                  Additional Public Prosecutor



                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.1593 of 2021




                                                        ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 21.12.2020,

pending on the file of the first 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

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1593 of 2021

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. State rep. by The Superintendent of Police, Kallakurichi District, Kallakurichi.

2. The Inspector of Police, Thirukoyilur Police station, Kallakurichi District.

3. The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1593 of 2021

rli

Crl.O.P.No.1593 of 2021

03.02.2021

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