Pavunkumar vs The District Superintendent Of ...
2021 Latest Caselaw 3116 Mad

                                                                                 Crl.O.P.No.2261 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 09.02.2021

                                                        CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                Crl.O.P.No.2261 of 2021


                Pavunkumar                                                               .. Petitioner

                                                        Vs.

                State Represented by
                1. The District Superintendent of Police,
                   District Superintendent of Police Office,
                   Villupuram District.

                2. The Inspector of Police,
                   Avalurpet Police Station,
                   Avalurpet,
                   Villupuram District.                                                .. Respondents

                Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                Procedure Code, to direct the 2nd respondent to register the case, investigate the
                matter pertaining to the complaint of the petitioner dated 30.10.2020 given to the
                respondent police and to deal the said persons in according to law.


                                       For Petitioner    : Ms.S.Suseela Devi

                                       For Respondents : Mr.M.Mohamed Riyaz
                                                        Additional Public Prosecutor

                                                        Page 1 of 4

https://www.mhc.tn.gov.in/judis/
                                                                                      Crl.O.P.No.2261 of 2021



                                                        ORDER

This petition has been filed to direct the 2nd respondent to register the case,

investigate the matter pertaining to the complaint of the petitioner dated

30.10.2020 given to the respondent police and to deal the said persons in

according to law.

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

Public Prosecutor appearing on behalf of the respondent 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 Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.2261 of 2021

Liberty is given to the petitioner to workout his remedy as per the directions

issued by the Division Bench in the order referred supra.

This Criminal Original Petition is disposed of accordingly.

09.02.2021

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

To

1. The District Superintendent of Police, District Superintendent of Police Office, Villupuram District.

2. The Inspector of Police, Avalurpet Police Station, Avalurpet, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.2261 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.2261 of 2021

09.02.2021

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