N.Venkatesan vs The State Rep. By Inspector Of ...
2021 Latest Caselaw 5037 Mad

                                                                                    Crl.O.P.No.3732 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 25.02.2021

                                                           CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.3732 of 2021


                     N.Venkatesan                                                           .. Petitioner

                                                              Vs.

                     The State Rep. by Inspector of Police,
                     C-3, Manimangalam Police Station,
                     PIN 602 301.                                                         .. Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal

                     Procedure Code, to issue a direction to the respondent to register the First

                     Information Report on the complaint dated 10.05.2017, investigate the same

                     and file a final report before the competent court.

                                          For Petitioner        : Mr.S.Sai Prabhu

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




                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.3732 of 2021



                                                          ORDER

This petition has been filed to issue a direction to the respondent to

register the First Information Report on the complaint dated 10.05.2017,

investigate the same and file a final report before the competent court.

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

Additional Public Prosecutor 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3732 of 2021

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.

25.02.2021

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

To

1. The Inspector of Police, C-3, Manimangalam Police Station, PIN 602 301.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3732 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.3732 of 2021

25.02.2021

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