S.Kaliyaperumal vs The District Superintendent Of ...
2021 Latest Caselaw 3119 Mad

                                                                                  Crl.O.P.No.2156 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.2156 of 2021


                S.Kaliyaperumal                                                          .. Petitioner

                                                         Vs.

                1. The District Superintendent of Police,
                   District Police Office,
                   Cuddalore District, Erode.

                2. The Inspector of Police,
                   Oomangalam Police Station,
                   Oomangalam,
                   Virudhachalam Taluk,
                   Cuddalore District.

                3. Periyathambi                                                       .. Respondents

                Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                Procedure Code, to direct the respondents 1 and 2 to register the case against 3rd
                respondent based on complaint dated 01.08.2020.


                                        For Petitioner    : Mr.C.Kadhiresan

                                        For Respondents : Mr.M.Mohamed Riyaz
                                                         Additional Public Prosecutor for R1 & R2
                                                         Page 1 of 4

https://www.mhc.tn.gov.in/judis/
                                                                                     Crl.O.P.No.2156 of 2021



                                                       ORDER

This petition has been filed to direct the respondents 1 and 2 to register the

case against 3rd respondent based on complaint dated 01.08.2020.

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.

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

issued by the Division Bench in the order referred supra.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.2156 of 2021

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 Police Office, Cuddalore District, Erode.

2. The Inspector of Police, Oomangalam Police Station, Oomangalam, Virudhachalam Taluk, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.2156 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.2156 of 2021

09.02.2021

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