V.Ganesh vs The Superintendent Of Police
2021 Latest Caselaw 5238 Mad

                                                             1

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS


                                                DATED : 26.02.2021

                                                           CORAM

                  THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.O.P.No.3375 of 2021


                V.Ganesh                                                          ... Petitioner

                                                            Vs.

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

                2. The Inspector of Police,
                   Virudhachalam Police Station,
                   Cuddalore District                                          ... Respondents


                Prayer: This Criminal Original Petition filed under Section 482
                Cr.P.C.            to   directing    the   respondents    on   the   petitioner's
                complaint dated 23.07.2018 based on order passed by the
                learned Judicial Magistrate No.I in C.M.P.No.491 of 2020 dated
                02.11.2020 and investigate the same and file a final report
                within a stipulated time.
                                    For Petitioner                : Mr.S.Saravana Kumar
                                    For Respondent                : Mr.M.Mohammed Riyaz
                                                                  Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
                                                              2




                                                            ORDER

This petition has been filed to direct the respondents Police

to register a case based on the petitioner's complaint dated 23.07.2018

pending on the file of the 2nd 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 https://www.mhc.tn.gov.in/judis/

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.

This Criminal Original Petition is disposed of accordingly.

26.02.2021

Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

rka To

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

2. The Inspector of Police, Virudhachalam Police Station, Cuddalore District

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

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

N.ANAND VENKATESH,J.

rka

Crl.O.P.No.3375 of 2021

26.02.2021 https://www.mhc.tn.gov.in/judis/