Madras High Court
P.Duraisamy vs The Superintendent Of Police on 5 February, 2021
Crl. OP No.1854 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.1854 of 2021
P.Duraisamy ... Petitioner
vs.
1. The Superintendent of Police,
Salem District.
2. The Deputy Superintendent of Police,
Attur Taluk,
Salem District.
3. The Inspector of Police,
Gangavalli Police Station,
Salem District. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the third respondent herein viz. Inspector of
Police, Gangavalli Police Station, Salem District, to conduct enquiry in
CSR No.238 of 2020 dated 16.12.2020 and take appropriate action to
register a case in accordance with law.
For Petitioner : Mr.A.Rajakumar
For Respondent : Mr.M.Mohammed Riyaz
Additional Public Prosecutor
ORDER
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Crl. OP No.1854 of 2021
This petition has been filed to direct the third respondent Police to
register a case based on the petitioner's complaint dated 16.12.2020,
pending on the file of the third respondent Police.
2.Heard the learned counsel appearing 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
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
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Crl. OP No.1854 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 Superintendent of Police,
Salem District.
2. The Deputy Superintendent of Police,
Attur Taluk,
Salem District.
3. The Inspector of Police,
Gangavalli Police Station,
Salem District.
4.The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1854 of 2021
N. ANAND VENKATESH, J.
jv
Crl.O.P No.1854 of 2021
05.02.2021
https://www.mhc.tn.gov.in/judis/
