S.Selvabalaji vs State Rep. By
2021 Latest Caselaw 2779 Mad

                                                                               Crl. OP No.1894 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 05.02.2021

                                                           CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P No.1894 of 2021

                     S.Selvabalaji                                                    ... Petitioner
                                                            vs.

                     State Rep. By
                     The Inspector of Police,
                     Gudiyattam Town Police Station,
                     Gudiyattam, Vellore District.                                  ... Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the Code

                     of Criminal Procedure, to direct the respondent to register the FIR against

                     the accused persons, based on the complaint dated 09.05.2019 for the

                     offences committed by accused persons.



                                          For Petitioner     : Mr.E.D.Sethupathi
                                          For Respondent     : Mr.M.Mohammed Riyaz
                                                               Additional Public Prosecutor




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                  Crl. OP No.1894 of 2021



                                                           ORDER

This petition has been filed to direct the respondent Police to register

the FIR based on the petitioner's complaint dated 09.05.2019, pending on

the file of the respondent Police.

2.Heard the learned counsel appearing 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

https://www.mhc.tn.gov.in/judis/ Crl. OP No.1894 of 2021

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.

                                                                                          05.02.2021

                     Index      : Yes/No
                     Internet   : Yes/No

Speaking Order/Non-Speaking Order jv

To

1. The Inspector of Police, Gudiyattam Town Police Station, Gudiyattam, Vellore District.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl. OP No.1894 of 2021

N. ANAND VENKATESH, J.

jv

Crl.O.P No.1894 of 2021

05.02.2021

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