V.Sivasankaran vs The Superintendent Of Police ...
2021 Latest Caselaw 4070 Mad

                                                                                    Crl.O.P.No.3020 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 17.02.2021

                                                        CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                Crl.O.P.No.3020 of 2021
                V.Sivasankaran                                                             .. Petitioner
                                                         Vs.

                1. The Superintendent of Police (East),
                   Puducherry.

                2. The Station House Officer,
                   Odiansalai Police Station,
                   Puducherry.                                                         .. Respondents

                Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                Procedure Code, to direct the 2nd respondent to register a First Information Report
                based on the petitioner's complaint dated 24.07.2020 and pass such further orders
                as this Court may deem fit in the circumstances of the case and thus render justice.
                                       For Petitioner     : Mr.Arun Prasad

                                       For Respondents : Mr.V.Balamurugan,
                                                        Additional Public Prosecutor (Puducherry)

                                                        ORDER

This petition has been filed to direct the 2nd respondent a First Information

Report based on the petitioner's complaint dated 24.07.2020

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3020 of 2021

Public Prosecutor (Puducherry) 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.

This Criminal Original Petition is disposed of accordingly.

17.02.2021 Speaking/Non speaking order Index :Yes/No Internet:Yes/No kal

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3020 of 2021

To

1. The Superintendent of Police (East), Puducherry.

2. The Station House Officer, Odiansalai Police Station, Puducherry.

3.The Public Prosecutor, Puducherry.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3020 of 2021

N. ANAND VENKATESH,J

kal

Crl.O.P.No.3020 of 2021

17.02.2021

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