E.Venkatesan vs State Rep.By
2021 Latest Caselaw 123 Mad

                                                                1            Crl.OP No.18618 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.18618 of 2020

                     E.Venkatesan                                                 ...Petitioner

                                                         .Vs.

                     1.State rep.by
                       The Deputy Superintendent of Police
                       [Rural], Muthu Vinayakar Koil Street,
                       Tiruvannamalai HO,
                       Tiruvannamalai District 606 601.

                     2.State rep.by
                       The Inspector of Police
                       Veraiyur Police Station,
                       Veraiyur, SH-9
                       Tiruvannamalai By Pass Road
                       Tiruvannamalai District 606806.                             ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent namely, the
                     Inspector of Police, Veraiyur Police Station, Veraiyur, SH-9,
                     Tiruvannamalai By Pass Road, Tiruvannamalai District-606806, to
                     register a case based on the complaint dated 31.08.2020 given by the
                     petitioner to the 1st respondent herein.

                                      For Petitioner    : Mr.N.Kumar Rajan

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

https://www.mhc.tn.gov.in/judis/
                                                              2               Crl.OP No.18618 of 2020

                                                        ORDER

This Criminal Original Petition has been filed to direct the 2 nd

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

dated 31.08.2020.

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/

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

Index : Yes/No Internet: Yes/No KP

To

1.The Deputy Superintendent of Police [Rural], Muthu Vinayakar Koil Street, Tiruvannamalai HO, Tiruvannamalai District 606 601.

2.The Inspector of Police Veraiyur Police Station, Veraiyur, SH-9 Tiruvannamalai By Pass Road Tiruvannamalai District 606806.

3.The Public Prosecutor, High Court, Madras.

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

KP

CRL.O.P.No.18618 of 2020

04.01.2021

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