R.Mani vs The Superintendent Of Police
2021 Latest Caselaw 127 Mad

                                                                1           Crl.OP No.18268 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.18268 of 2020

                     R.Mani                                                      ...Petitioner

                                                         .Vs.

                     1.The Superintendent of Police
                       Cuddalore District, Cuddalore-1.
                     2.The Deputy superintendent of Police
                       Panruti, Cuddalore District.
                     3.The Inspector of Police
                       Nellikuppam Police Station,
                       Cuddalore District.
                     4.The Sub Inspector of Police
                       Naduveerapattu Police Station,
                       Cuddalore District.                                        ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 4th respondent herein, the Sub
                     Inspector of Police, Naduveerapattu Police Station to register the FIR in
                     complaint made by the petitioner on 10.04.2020 and also to complete the
                     investigation and file a final report accordingly within the time stipulated
                     by this Court.

                                      For Petitioner    : Mr.L.Kannan

                                       For Respondents : Mr.M.Mohamed Riyaz
                                                         (Crl.Side) Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
                                                             2                Crl.OP No.18268 of 2020



                                                        ORDER

This Criminal Original Petition has been filed to direct the 4th

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

dated 10.04.2020.

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 Superintendent of Police Cuddalore District, Cuddalore-1.

2.The Deputy superintendent of Police Panruti, Cuddalore District.

3.The Inspector of Police Nellikuppam Police Station, Cuddalore District.

4.The Sub Inspector of Police Naduveerapattu Police Station, Cuddalore District.

5.The Public Prosecutor, High Court, Madras.

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

CRL.O.P.No.18268 of 2020

04.01.2021

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