Mr.Pazhani vs The State Rep.By
2021 Latest Caselaw 126 Mad

                                                             1          Crl.OP No.18264 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.18264 of 2020

                     Mr.Pazhani                                                 ...Petitioner

                                                      .Vs.

                     1.The State rep.by
                       The Superintendent of Police
                       Tiruvannamalai,
                       Tiruvannamalai District.

                     2.The State rep.by
                       The Deputy Superintendent of Police
                       Tiruvannamalai,
                       Tiruvannamalai District.

                     3.The State rep.by
                       The Inspector of Police
                       Sengam Police Station,
                       Tiruvannamalai District.                             ...Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the respondents to register the

                     complaint dated 04.08.2020 and investigate the matter in accordance

                     with the law.


https://www.mhc.tn.gov.in/judis/
                                                              2               Crl.OP No.18264 of 2020

                                     For Petitioner    : Mr.S.Arokiamaniraj

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


                                                      ORDER

This Criminal Original Petition has been filed to direct the

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

dated 09.10.2020.

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

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

Index : Yes/No Internet: Yes/No KP

To

1.The Superintendent of Police Tiruvannamalai, Tiruvannamalai District.

2.The Deputy Superintendent of Police Tiruvannamalai, Tiruvannamalai District.

3.The Inspector of Police Sengam Police Station, Tiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH. J.,

KP

CRL.O.P.No.18264 of 2020

04.01.2021

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