S.Santhi vs The Superintendent Of Police
2021 Latest Caselaw 120 Mad

                                                                1          Crl.OP No.18856 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.18856 of 2020

                     S.Santhi                                                        ...Petitioner

                                                         .Vs.

                     1.The Superintendent of Police
                       Dharmapuri District, Dharmapuri.

                     2.The Deputy Superintendent of Police
                       Harur, Dharmapuri District.

                     3.The Inspector of Police
                       Morappur Police Station,
                       Dharmapuri District.                                      ...Respondents




                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents to register the FIR
                     on the complaint of the petitioner dated 25.10.2020 to the 3 rd respondent
                     forth with.

                                      For Petitioner   : Mr.C.Prabakaran

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

https://www.mhc.tn.gov.in/judis/
                                                            2              Crl.OP No.18856 of 2020



                                                      ORDER

This Criminal Original Petition has been filed to direct the

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

dated 25.10.2020.

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

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/ her 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

Index : Yes/No Internet: Yes/No KP

To

1.The Superintendent of Police Dharmapuri District, Dharmapuri.

2.The Deputy Superintendent of Police Harur, Dharmapuri District.

3.The Inspector of Police Morappur Police Station, Dharmapuri District.

4.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH.J., https://www.mhc.tn.gov.in/judis/ KP

CRL.O.P.No.18856 of 2020

04.01.2021

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