N.K.Kumar vs State Rep. By
2021 Latest Caselaw 1536 Mad

                                                                                     Crl.O.P.No.804 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 22.01.2021

                                                            CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                  Crl.O.P.No.804 of 2021
                     N.K.Kumar                                                     .. Petitioner

                                                                 Vs.
                     State rep. by
                     The Inspector of Police,
                     Law and Order,
                     J5, Shastri Nagar Police station,
                     Chennai.
                                                                                    .. Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the respondent Police to register the complaint
                     submitted by the petitioner dated 07.01.2021.
                                           For Petitioner    : Mr.P.Elanchezhian
                                           For Respondent        : Mr.C.Raghavan
                                                                   Govt. Advocate (Crl.side)

                                                       ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 07.01.2021,

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.804 of 2021

pending on the file of the respondent Police.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl. Side) appearing on behalf of the respondent.

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.

4. This Criminal Original Petition is disposed of accordingly.

22.01.2021

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.804 of 2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order

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To

1. The Inspector of Police, Law and Order, J5, Shastri Nagar Police station, Chennai.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.804 of 2021

N. ANAND VENKATESH,J

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Crl.O.P.No.804 of 2021

22.01.2021

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