Sri Shivan vs State Rep By
2021 Latest Caselaw 1126 Mad

                                                                                  Crl.O.P.No.528 of 2021




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 19.01.2021

                                                           CORAM

                             THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                  Crl.O.P. No.528 of 2021

                     Sri Shivan                                                 .. Petitioner
                                                          .vs.
                     State Rep by
                     Inspector of Police,
                     Kalimangalam Police Station,
                     Dharmapuri District.                                        .. Respondent


                               This Criminal Original Petition is filed under Section 482 of the Code
                     of Criminal Procedure, to issue a direction directing the 2nd respondent to
                     register as FIR based on the complaints dated 04.11.2020 made by the
                     petitioner.


                                     For Petitioner              : Mr.G.Mohamed Aseef

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




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.528 of 2021


                                                           ORDER

This petition has been filed to direct the 2nd respondent to register an

FIR based on the complaints dated 04.11.2020 made by the petitioner.

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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.528 of 2021

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.

                                                                                        19.01.2021

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


                     To
                     1. The Inspector of Police,
                        Kalimangalam Police Station,
                        Dharmapuri District.

                     2. The Public Prosecutor,
                        High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.528 of 2021

N. ANAND VENKATESH,. J.

mra/ebsi

Crl.O.P. No.528 of 2021

19.01.2021

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