M/S K.Gantha vs The Superintendent Of Police
2021 Latest Caselaw 3911 Mad

                                                         1               CRL.O.P.No.2820 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.2820 of 2021


                M/s K.Gantha                                               .. Petitioner

                                                       Vs.

                1. The Superintendent of Police,
                   Dharmapuri District.

                2. The State Represented by
                   The Inspector of Police,
                   B1 Town Police Station,
                   Dharmapuri Town,
                   Dharmapuri District.                                    .. Respondents




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

                direct the 1st respondent to take action and register FIR on the basis of

                the complaint filed by the petitioner on 09.01.2021.


                                        For Petitioner   : Mr.M.Muruganantham
                                        For Respondents : Mr.M.Mohamed Riyaz
https://www.mhc.tn.gov.in/judis/                          Additional Public Prosecutor
                                                           2              CRL.O.P.No.2820 of 2021



                                                        ORDER

This petition has been filed to direct the 2nd respondent

Police to register a case based on the petitioner complaint dated

09.01.2021 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 https://www.mhc.tn.gov.in/judis/

(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.

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, Dharmapuri District.

2. The State Represented by The Inspector of Police, B1 Town Police Station, Dharmapuri Town, Dharmapuri District.

Crl.O.P.No.2820 of 2021

16.02.2021

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