M.Sundaravadivu vs State Representation By
2021 Latest Caselaw 4723 Mad

                                                              1              Crl.O.P.No.3467 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.3467 of 2021


                 M.Sundaravadivu                                   .. Petitioner
                                                        Vs.

                 1. State Representation by
                    The Commissioner of Police,
                    Coimbatore City 641018

                 2. The Inspector of Police,
                    E-2 Peelamedu Police Station,
                    Peelamedu
                    Coimbatore City
                    (CSR No.617/2020)                              .. Respondents



                            Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C.
                 to direct the second respondent, The Inspector of Police, E-2 Peelamedu Police
                 Station, Peelamedu, Coimbatore City to register the complaint dated 10.12.2020
                 in CSR No.617 of 2020 dated 11.12.2020 and investigate the case in
                 accordance with law.

                                     For Petitioner    : Mr.M.Krishnamoorthy

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


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                                                            2                 Crl.O.P.No.3467 of 2021

                                                    ORDER

This petition has been filed to direct the respondents Police to register

a case based on the petitioner's complaint dated 10.12.2020, pending on the file

of the second 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 (3) of

Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given to the petitioner to

workout her remedy as per the directions issued by the Division Bench in the

order referred supra.

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4.This Criminal Original Petition is disposed of accordingly.

23.02.2021

Index :Yes/No Internet:Yes/No rli

To

1. The Commissioner of Police, Coimbatore City 641018

2. The Inspector of Police, E-2 Peelamedu Police Station, Peelamedu Coimbatore City.

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

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N.ANAND VENKATESH, J.

rli

Crl.O.P.No.3467 of 2021

23.02.2021

http://www.judis.nic.in