A.Sasikumar vs The Inspector Of Police
2021 Latest Caselaw 100 Mad

                                                                             Crl.O.P.No.19930 of 2020

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 04.01.2021

                                                          CORAM

                                   THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                               Crl.O.P. No.19930 of 2020

                     A.SASIKUMAR                                          .. Petitioner
                                                        .vs.


                     THE INSPECTOR OF POLICE
                     V-5 THIRUMANGALAM POLICE STATION
                     CHENNAI-600 040.                                     .. Respondent

                               This Criminal Original Petition is filed under Section 482 of the

                     Code of Criminal Procedure, to direct the respondent police to

                     register the case as per the complaint of the petitioner dated

                     30.09.2019 and registered in CSR No.1502/2019 in accordance with

                     law.



                                      For Petitioner           : Mr.S.Anand Kumar

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



                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                         Crl.O.P.No.19930 of 2020



                                                         ORDER

This petition has been filed to direct the respondent police to

register the case as per the complaint of the petitioner dated

30.09.2019 and registered in CSR No.1502/2019 in accordance with

law.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19930 of 2020

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.

                     mra                                                       04.01.2021

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

                     To

                     1.        THE INSPECTOR OF POLICE

V-5 THIRUMANGALAM POLICE STATION CHENNAI-600 040.

2. THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS MADRAS.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19930 of 2020

N. ANAND VENKATESH,. J.

mra

Crl.O.P. No.19930 of 2020

04.01.2021

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