T.Raja Prem Kumar vs The Superintendent Of Police
2021 Latest Caselaw 1002 Mad

                                                                1             Crl.OP No.18733 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.18733 of 2020



                     T.Raja Prem Kumar                                                 ...Petitioner


                                                         .Vs.

                     1.The Superintendent of Police,
                       Erode.

                     2.Inspector of Police,
                       Erode City Police Station,
                       Erode.                                                   ...Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents to herein to
                     register FIR on petitioners complaint dated 15.07.2019 and to proceed in
                     accordance with law.



                                      For Petitioner   : Mr.A.Immanuel

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

https://www.mhc.tn.gov.in/judis/
                                                              2              Crl.OP No.18733 of 2020




                                                      ORDER

This Criminal Original Petition has been filed to direct the

respondents to register FIR based on the petitioner's complaint dated

15.07.2019.

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

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.

18.01.2021

Index : Yes/No Internet: Yes/No KP

To

1.The Superintendent of Police, Erode.

2.Inspector of Police, Erode City Police Station, Erode.

3.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH. J.,

KP

CRL.O.P.No.18733 of 2020

18.01.2021

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