Radhamani vs 2 The Inspector Of Police
2021 Latest Caselaw 102 Mad

                                                                                  Crl.O.P.No.19890 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.19890 of 2020

                     RADHAMANI                                              .. Petitioner
                                                             .vs.

                     1         STATE REP. BY ITS
                               THE COMMISSIONER OF POLICE
                               TIRUPPUR DISTRICT.

                     2         THE INSPECTOR OF POLICE
                               VELAMPALAYAM POLICE STATION
                               TIRUPPUR CITY
                               TIRUPPUR DISTRICT.                            .. Respondents

                               This Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent to register the
                     case against the persons on the basis of the petitioner's complaint
                     dated 06.03.2020 to the respondent and investigate the matter in
                     accordance with law.


                                      For Petitioner                : Mr.P.Kalimuthu

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


                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                        Crl.O.P.No.19890 of 2020

                                                     ORDER

This petition has been filed to direct the respondent to

register the case against the persons on the basis of the petitioner's

complaint dated 06.03.2020 to the respondent and investigate the

matter in accordance with law.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19890 of 2020

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.

04.01.2021 mra Speaking/Non-speaking order Index : Yes/No Internet : Yes/No

To

1. THE COMMISSIONER OF POLICE TIRUPPUR DISTRICT.

2. THE INSPECTOR OF POLICE VELAMPALAYAM POLICE STATION TIRUPPUR CITY TIRUPPUR DISTRICT.

3. THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS MADRAS.

N. ANAND VENKATESH,. J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19890 of 2020

mra

Crl.O.P. No.19890 of 2020

04.01.2021

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