K.P.Devarajan vs The State Rep. By
2021 Latest Caselaw 1711 Mad

                                                                                  Crl.O.P.No. 881 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. 881 of 2021

                K.P.Devarajan                                                .. Petitioner

                                                           Vs

                The State Rep. By
                The Inspector of Police,
                Kolathur Police Station,
                Kolathur, Salem District.                                    .. Respondent

                Prayer: Criminal Original petition filed under Section 482 of Code of

                Criminal Procedure to direct respondent to register a case on the

                petitioner's complaint in CSR No.224 of 2020 and to proceed with the

                investigation according to law.



                                   For Petitioner          :Mr.M.P.Rajavelayutham

                                   For Respondent          :Mr.Mohammed Riyaz
                                                            Additional Public Prosecutor

                                                         ORDER

This petition has been filed to direct respondent to register a case

on the petitioner's complaint in CSR No.224 of 2020 and to proceed with

the investigation according to law.

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

Crl.O.P.No. 881 of 2021

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

Government Advocate 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.

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. 881 of 2021

To

1.The Inspector of Police, Kolathur Police Station, Kolathur, Salem District.

2.The Public Prosecutor, High Court of Madras.

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

Crl.O.P.No. 881 of 2021

N. ANAND VENKATESH.J

ssr

Crl.O.P.No. 881 of 2021

25.01.2021

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