P.Muthamizhselvan vs 3 The Inspector Of Police
2021 Latest Caselaw 133 Mad

                                                                   1

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 04.01.2021

                                                                CORAM

                                   THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P. No.19689 of 2020

                     P.MUTHAMIZHSELVAN                                        .. Petitioner

                                                            .vs.


                     1         THE SUPERINTENDENT OF POLICE
                               THE SUPERINTENDENT OF POLICE OFFICE
                               THANJAVUR.

                     2         THE DEPUTY SUPERINTEND OF POLICE
                               THE SUPERINTEND OF POLICE OFFICE
                               KUMBAKONAM, THANJAVURE DISTRICT - 612 001.

                     3         THE INSPECTOR OF POLICE
                               THIRUVIDAMARUTHUR POLICE STATION,
                               MELSALAI
                               OPPOSITE TO TALUK OFFICE, THIRUVIDAIMARUTHUR
                               THANJAVURE DISTRICT - 612 104.                 ..Respondents


                               This Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 3rd respondent to register
                     the case based upon the petitioner's complaint dated 08.10.2020
                     pending on the file of 3rd respondent and investigate the same in
                     accordance with law.




https://www.mhc.tn.gov.in/judis/
                                                         2



                                    For Petitioner        : Mr.R.Ramesh

                                    For Respondents       : Mr.M.Mohamed Riyaz
                                                           Additional Public Prosecutor




                                                       ORDER

This petition has been filed to direct the 3rd respondent to

register the case based upon the petitioner's complaint dated

08.10.2020 pending on the file of 3rd respondent and investigate

the same in accordance with law.

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

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

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 order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

                                                                                   04.01.2021
                     mra
                     Speaking/Non-speaking order
                     Index     : Yes/No
                     Internet : Yes/No




                     To
                     1         THE SUPERINTENDENT OF POLICE

THE SUPERINTENDENT OF POLICE OFFICE

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

THANJAVUR.

2 THE DEPUTY SUPERINTEND OF POLICE THE SUPERINTEND OF POLICE OFFICE KUMBAKONAM, THANJAVURE DISTRICT - 612 001.

3 THE INSPECTOR OF POLICE THIRUVIDAMARUTHUR POLICE STATION, MELSALAI OPPOSITE TO TALUK OFFICE, THIRUVIDAIMARUTHUR THANJAVURE DISTRICT - 612 104.

4. THE PUBLIC PROSECUTOR, HIGH COURT OF MADRAS, MADRAS.

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

N. ANAND VENKATESH,. J.

mra

Crl.O.P. No.19689 of 2020

04.01.2021

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