S.Santhamurthy vs The Superintendent Of Police
2021 Latest Caselaw 4568 Mad

                                                            1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 22.02.2021

                                                        CORAM

                          THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                 CRL.O.P.No.3376 of 2021
                                                                                    ...Petitioner

                     S.Santhamurthy
                                                         .Vs.

                     1.The Superintendent of Police,
                       Office of the Superintendent of Police,
                       Chengalpattu.

                     2.The State of Tamilnadu,
                       Rep.by
                       The Inspector of Police,
                       Koovathur Police Station,
                       Koovathur,
                       Chengalpattu District.                                     ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent police to
                     register the case based on the complaint lodged by the petitioner dated
                     30.10.2019 on the file of the 2nd respondent police.



                                       For Petitioner   : Mr.R.Agilesh

                                       For Respondents : Mr.M.Mohamed Riyaz
                                                         Additional Public Prosecutor


https://www.mhc.tn.gov.in/judis/
                                                               2

                                                          ORDER

This Criminal Original Petition has been filed to direct the

2nd respondent to register the complaint based on the petitioner's

complaint dated 30.10.2019.

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

order referred supra.

4.This Criminal Original Petition is disposed of

accordingly.

22.02.2021

Index : Yes/No Internet: Yes KP

To

1.The Superintendent of Police, Office of the Superintendent of Police, Chengalpattu.

2. The Inspector of Police, Koovathur Police Station, Koovathur, Chengalpattu District.

3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH. J., https://www.mhc.tn.gov.in/judis/

KP

CRL.O.P.No.3376 of 2021

22.02.2021

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