Kamalakannan vs The State By
2021 Latest Caselaw 137 Mad

                                                          1             Crl.OP No.17049 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.17049 of 2020

                     Kamalakannan                                            ...Petitioner

                                                        .Vs.

                     1.The State by:
                       Superintendent of Police,
                       O/o. Superintendent Office,
                       Chengalpettu.

                     2.The State by:
                      The Inspector of Police,
                      D-2, Chengalpattu Taluk Police Station,
                      Chengalpettu.                                        ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent police to
                     register the FIR, and take necessary action and investigate the
                     matter properly based on the petitioner's complaint dated
                     25.06.2020.



                                      For Petitioner    : Mr.T.K.Satha Seelan

                                      For Respondents : Mr.M.Mohamed Riyaz
https://www.mhc.tn.gov.in/judis/                       (Crl.Side)
                                                            2              Crl.OP No.17049 of 2020

                                                           Additional Public Prosecutor

                                                       ORDER

This Criminal Original Petition has been filed to direct the

2nd respondent police to register the FIR, based on the

petitioner's complaint dated 25.06.2020.

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

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.

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. Superintendent Office, Chengalpettu.

2.The Inspector of Police, D-2, Chengalpattu Taluk Police Station, Chengalpettu.

3.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.J.,

KP

CRL.O.P.No.17049 of 2020

04.01.2021

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