S.Duraisamy vs State By
2021 Latest Caselaw 1407 Mad

                                                                               Crl.O.P.No.698 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS


                                                    DATED : 21.01.2021

                                                          CORAM

                              THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                               Crl.O.P.No.698 of 2021


                S.Duraisamy                                                   ... Petitioner

                                                           Vs.

                State by
                The Sub Inspector of Police,
                Kaikalathur Police Station,
                Kaikalathur, Perambalur District.                              ... Respondent


                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.
                to direct the respondent to register FIR against the name said persons
                on the basis of the complaint lodged by the petitioner on 07.12.2020.
                                   For Petitioner                : Mr.C.Prakasam
                                   For Respondent                : Mr.M.Mohamed Riyaz
                                                                  Additional Public Prosecutor


                                                          ORDER

This petition has been filed to direct the respondent Police

to register a case based on the petitioner's complaint dated https://www.mhc.tn.gov.in/judis/

07.12.2020.

Crl.O.P.No.698 of 2021

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 his remedy as per the directions issued by the Division Bench in the order referred supra.

This Criminal Original Petition is disposed of accordingly.

21.01.2021

Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No https://www.mhc.tn.gov.in/judis/

rka Crl.O.P.No.698 of 2021

To

1.The Sub Inspector of Police, Kaikalathur Police Station, Kaikalathur, Perambalur District.

2.The Public Prosecutor, Madras High Court.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.698 of 2021

N.ANAND VENKATESH,J.

rka

Crl.O.P.No.698 of 2021

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

21.01.2021