Mr.A.Sivaraji vs State Rep. By Its
2021 Latest Caselaw 4236 Mad

                                                                                  Crl.O.P.No.3293 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 18.02.2021

                                                           CORAM

                             THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.3293 of 2021


                     Mr.A.Sivaraji                                                        .. Petitioner
                                                              Vs.

                     State rep. by its
                     The Sub Inspector of Police,
                     Arakonam Taluk Police Station,
                     Ranepet District.                                                  .. Respondent



                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the respondent police to register the petitioner's
                     complaint dated 29.06.2019.


                                          For Petitioner        : Mr.B.Gandhi

                                          For Respondent        : Mr.C.Raghavan
                                                                  Government Advocate




                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                     Crl.O.P.No.3293 of 2021




                                                         ORDER

This petition has been filed to direct the respondent police to register

the petitioner's complaint dated 29.06.2019.

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

Government Advocate appearing on behalf of the respondent.

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/ Crl.O.P.No.3293 of 2021

(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.

18.02.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order ssr

To

1. The Sub Inspector of Police, Arakonam Taluk Police Station, Ranepet District.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3293 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.3293 of 2021

18.02.2021

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