S.Balaji vs State Rep By
2021 Latest Caselaw 4718 Mad

                                                                    1             Crl.O.P.No.3524 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 23.02.2021

                                                            CORAM :

                         THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                  Crl.O.P.No.3524 of 2021


                S.Balaji                                                           .. Petitioner

                                                              Vs.

                1. State rep by :
                The Superintendent of Police,
                Chengalpet District,
                Chengalpet.

                2. The Inspector of Police,
                District Crime Branch,
                Chengalpet.                                                        .. Respondents

                Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct
                the respondents to register a case on the complaint dated 25.12.2020 of the
                petitioner and to investigate.

                                           For Petitioner    : Mr.R.C.Manoharan

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

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 25.12.2020, pending on

the file of the second respondent Police. https://www.mhc.tn.gov.in/judis/

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.

4.This Criminal Original Petition is disposed of accordingly.

23.02.2021

Index :Yes/No Internet:Yes/No https://www.mhc.tn.gov.in/judis/ rli

To

1. The Superintendent of Police, Chengalpet District, Chengalpet.

2. The Inspector of Police, District Crime Branch, Chengalpet.

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

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

N.ANAND VENKATESH, J.

rli

Crl.O.P.No.3524 of 2021

23.02.2021

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