Seetharaman vs The Inspector Of Police
2021 Latest Caselaw 2447 Mad

                                                                                     Crl.O.P.No.1703 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.1703 of 2021
                     Seetharaman                                                   .. Petitioner

                                                                 Vs.
                     The Inspector of Police,
                     Edaiyur Police Station,
                     Thiruvarur District.                                          .. Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, directing the respondent Police to register a FIR on the
                     accused in CSR. No.187 of 2020 on the file of the respondent Police
                     pursuant to the complaint lodged by the petitioner on 14.08.2020.
                                           For Petitioner        : Mr.A.Sriram
                                           For Respondent        : Mr.M.Mohamed Riyaz
                                                                   Additional Public Prosecutor

                                                       ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's complaint dated 14.08.2020,

pending on the file of the respondent Police.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1703 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.

4. This Criminal Original Petition is disposed of accordingly.

03.02.2021

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1703 of 2021

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To

1. The Inspector of Police, Edaiyur Police Station, Thiruvarur District.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1703 of 2021

N. ANAND VENKATESH,J

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Crl.O.P.No.1703 of 2021

03.02.2021

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