M.P.Kandhasamy vs The Superintendent Of Police
2021 Latest Caselaw 1844 Mad

                                                            1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 27.01.2021

                                                          CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.1147 of 2021


                M.P.Kandhasamy                                               Petitioner

                                                    vs.

                1. The Superintendent of Police,
                   Salem District,
                   Nethimedu, Salem.

                2. The Sub Inspector of Police,
                   Nangavalli Police Station,
                   Salem District.                                              Respondents

                PRAYER: Criminal Original Petition filed under Section 482 of the Code
                of Criminal Procedure, to direct the 2nd respondent Police to register
                the FIR on            the petitioner      complaint   dated 24.08.2020 to the
                respondent police and investigate the same in accordance with law.


                                   For Petitioner   : Mr.R.Bala Guruswamy

                                   For Respondents : Mr.Mohammed Riyaz,
                                                     Additional Public Prosecutor



https://www.mhc.tn.gov.in/judis/
                                                          2




                                                        ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 24.08.2020

pending on the file of the respondent Police.

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

This Criminal Original Petition is disposed of accordingly.

                                                                                 27.01.2021


                Index      : Yes/No
                Internet : Yes/No

Speaking Order/Non-Speaking Order rka

To

1. The Superintendent of Police, Salem District, Nethimedu, Salem.

2. The Sub Inspector of Police, Nangavalli Police Station, Salem District.

3. The Public Prosecutor, High Court of Madras, Madras.

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

N. ANAND VENKATESH,. J.

rka

Crl.OP No.1147 of 2021

27.01.2021

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