K.Manikantan vs The Superintendent Of Police
2021 Latest Caselaw 121 Mad

                                                                1             Crl.OP No.18644 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.18644 of 2020

                     K.Manikantan                                                     ...Petitioner

                                                         .Vs.

                     1.The Superintendent of Police
                       O/o.The Superintendent of Police
                       State Bank Road,
                       Coimbatore 641 018.

                     2.The State rep.by
                       The Sub Inspector of Police
                       District Crime Branch
                       Coimbatore.                                                ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent to register the
                     petitioner's complaint dated 25.09.2020 on the file of the Sub Inspector
                     of Police, District Crime Branch, Coimbatore.



                                      For Petitioner    : Mr.M.Karthikeyan

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


https://www.mhc.tn.gov.in/judis/
                                                              2              Crl.OP No.18644 of 2020

                                                      ORDER

This Criminal Original Petition has been filed to direct the

2nd respondent to register the FIR, based on the petitioner's complaint

dated 25.09.2020.

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

his remedy as per the directions issued by the Division Bench in the https://www.mhc.tn.gov.in/judis/

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 O/o.The Superintendent of Police State Bank Road, Coimbatore 641 018.

2.The Sub Inspector of Police District Crime Branch Coimbatore.

3.The Public Prosecutor, High Court, Madras.

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

KP

CRL.O.P.No.18644 of 2020

04.01.2021

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