L.Govindasamy Rasaiyan vs State Rep. By
2021 Latest Caselaw 3907 Mad

                                                         1               CRL.O.P.No.2890 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 16.02.2021

                                                    CORAM :

                              THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                            Crl.O.P.No.2890 of 2021


                L.Govindasamy Rasaiyan                            .. Petitioner

                                                      Vs.

                1. State rep. by
                   The Superintendent of Police,
                   Karaikkal,
                   Pudhucherry Union Territory.

                2. The Inspector of Police,
                   Kottucherry Police Station,
                   Karaikal District,
                   Pudhucherry.                                   .. Respondents




                Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to

                direct to the respondents to register the petitioner's complaint dated

                05.10.2020 for an offence under Sections 406, 409, 471 and 420 of IPC.

                                        For Petitioner  :    Mr.L.Baskaran
                                        For Respondents :    Mr.V.Balamurugan
                                                             Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/                             Pondicherry.
                                                            2             CRL.O.P.No.2890 of 2021




                                                        ORDER

This petition has been filed to direct the 2nd

respondent Police to register a case based on the petitioner complaint

dated 05.10.2020 pending on the file of the 2nd 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 workout his remedy as per the directions issued by the Division Bench in the order referred supra. https://www.mhc.tn.gov.in/judis/

This Criminal Original Petition is disposed of accordingly.

16.02.2021

Index :Yes/No Internet:Yes/No rka

To

1. The Superintendent of Police, Karaikkal, Pudhucherry Union Territory.

2. The Inspector of Police, Kottucherry Police Station, Karaikal District, Pudhucherry.

3. The Additional Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH, J.

rka

Crl.O.P.No.2890 of 2021

16.02.2021

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