P.Babu Kannan vs The Superintendent Of Police
2021 Latest Caselaw 3905 Mad

                                                         1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 16.02.2021

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                             Crl.O.P No.2918 of 2021


                     P.Babu Kannan                                             Petitioner

                                                        vs.

                     1.The Superintendent of Police,
                       Office of the Superintendent of Police,
                       Mayiladuthurai District.

                     2.The Deputy Superintendent of Police,
                       Mayiladuthurai District.

                     3.The Inspector of Police,
                       Mayiladuthurai Police Station,
                       Mayiladuthurai.                                        Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 3rd respondent police to
                     register a case based on the petitioner's complaint dated
                     18.12.2020, in accordance to law.


                                     For Petitioner  : Mr.R.Ganesh Ram
                                     For Respondents : Mr.Mohammed Riyaz
https://www.mhc.tn.gov.in/judis/
                                                       Additional Public Prosecutor
                                                           2




                                                        ORDER

This petition has been filed to direct the 3rd respondent

Police to register a case based on the petitioner complaint dated

18.12.2020 pending on the file of the 3rd respondent Police.

2.Heard the learned counsel 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 to the petitioner to https://www.mhc.tn.gov.in/judis/

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.

                                                                                16.02.2021


                     Index          : Yes/No
                     Internet       : Yes/No
                     rka

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

N. ANAND VENKATESH, J.

rka

To

1.The Superintendent of Police, Office of the Superintendent of Police, Mayiladuthurai District.

2.The Deputy Superintendent of Police, Mayiladuthurai District.

3.The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P No.2918 of 2021

16.02.2021 https://www.mhc.tn.gov.in/judis/