S.Dasarathan vs The Superintendent Of Police
2021 Latest Caselaw 141 Mad

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                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 04.01.2021

                                                         CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                            Crl.O.P No.17846 of 2020

                    1.S.Dasarathan
                    2.Rajammal
                    3.D.Ganesan                                                  Petitioners
                                                          vs.

                    1.The Superintendent of Police
                      Office of the Superintendent of Police
                      Dharmapuri Taluk and District.

                    2.Inspector of Police,
                      D-1, Dharmapuri Police Station
                      Dharmapuri.                                           Respondents

                    PRAYER: Criminal Original Petition filed under Section 482 of the

                    Code of Criminal Procedure, to direct the 2nd respondent to

                    register        the   petitioner's    complaint/representation          dated

                    02.03.2020 and take action against the accused persons,

                    1.D.Selvadurai,       2.Amutha,      W/o     D.Selvadurai,    3.Raja,      S/o

                    Dasarathan, 4.Arjunan, S/o Sagadevan, all are residing at

                    Melnaichampatti Village, Chettikarai Post, Dharmapuri Taluk and
https://www.mhc.tn.gov.in/judis/
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                    District and to conduct proper enquiry and investigate the same.

                                          For Petitioners       : MrK.Devaraj
                                          For Respondents : Mr.M.Mohamed Riyaz
                                                            Additional Public Prosecutor


                                                       ORDER

This petition has been filed to direct the 2nd

respondent Police to register a case based on the petitioner's

complaint dated 02.03.2020, pending on the file of the 2nd

respondent Police.

2. Heard the learned counsel for the petitioner and the

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

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


                    Index      : Yes/No
                    Internet : Yes/No

Speaking Order/Non-Speaking Order rka

To

1.The Superintendent of Police Office of the Superintendent of Police https://www.mhc.tn.gov.in/judis/

Dharmapuri Taluk and District.

2.Inspector of Police, D-1, Dharmapuri Police Station Dharmapuri.

3.The Public Prosecutor High Court of Madras.

N. ANAND VENKATESH, J.

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

Crl.O.P No.17846 of 2020

04.01.2021

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