A.Nagarajan vs The Inspector Of Police
2021 Latest Caselaw 1001 Mad

                                                                1             Crl.OP No.20432 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 18.01.2021

                                                        CORAM

                            THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                CRL.O.P.No.20432 of 2020


                     A.Nagarajan                                                       ...Petitioner

                                                         .Vs.


                     The Inspector of Police,
                     Shevapet Police Station,
                     Shevapet,
                     Salem 636 002.                                                 ...Respondent



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent to register the
                     first information report on petitioner complaint dated 28.11.2020 and to
                     proceed with in accordance with law.



                                      For Petitioner   : Mr.C.Kanagaraju

                                       For Respondent : Mr.M.Mohamed Riyaz
                                                        (Crl.Side)
                                                        Additional Public Prosecutor



https://www.mhc.tn.gov.in/judis/
                                                                2               Crl.OP No.20432 of 2020

                                                       ORDER

This Criminal Original Petition has been filed to direct the 2nd

respondent to register the first information report based on petitioner's

complaint dated 28.11.2020.

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 Section 154 (3) of Cr.P.C., and

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

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

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.

18.01.2021

Index : Yes/No Internet: Yes/No KP

To

1.The Inspector of Police, Shevapet Police Station, Shevapet, Salem 636 002.

2.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH. J.,

KP

CRL.O.P.No.20432 of 2020

18.01.2021

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