Mani vs The Superintendent Of Police
2021 Latest Caselaw 1690 Mad

                                                                                  Crl.O.P.No. 924 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 25.01.2021

                                                         CORAM

                                   THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                               Crl.O.P.No. 924 of 2021

                Mani                                                         .. Petitioner

                                                              Vs

                1.The Superintendent of Police,
                  Dharmapuri.

                2.The State Rep. By
                  The Inspector of Police,
                  Morapur Police Station,
                  Dharmapuri District.                                       .. Respondents


                Prayer: Criminal Original petition filed under Section 482 of Code of
                Criminal Procedure to direct the second respondent to register the
                complaint dated 21.12.2020 within a stipulated period of time and to file
                an FIR.


                                   For Petitioner          :Mr.J.Ranjithkumar

                                   For Respondents         :Mr.Mohammed Riyaz
                                                            Additional Public Prosecutor

                                                      ORDER

This petition has been filed to direct the second respondent to

register the complaint dated 21.12.2020 within a stipulated period of time

and to file an FIR.

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

Crl.O.P.No. 924 of 2021

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

Government Advocate 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.

                                                                                    25.01.2021

                Index    : Yes/No
                Internet: Yes/No

Speaking Order/Non Speaking Order ssr

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

Crl.O.P.No. 924 of 2021

To

1.The Superintendent of Police, Dharmapuri.

2.The State Rep. By The Inspector of Police, Morapur Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court of Madras.

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

Crl.O.P.No. 924 of 2021

N. ANAND VENKATESH.J

ssr

Crl.O.P.No. 924 of 2021

25.01.2021

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