E.Arunkumar vs State Rep. By
2021 Latest Caselaw 1846 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.1075 of 2021


                E.Arunkumar                                                         Petitioner

                                                    vs.

                State Rep. By
                The Inspector of Police,
                P6-Kodungaiyur Police Station,
                Chennai 600 118                                                 Respondent

                PRAYER: Criminal Original Petition filed under Section 482 of the Code
                of Criminal Procedure, to direct the respondent Police to register the
                the petitioners complaint vide CSR No.1275 of 2020 dated 05.11.2020
                and investigate the same in accordance with law.


                                   For Petitioner   : Mr.J.Arokhiaraj

                                   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 petitioners complaint dated 05.11.2020

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.State Rep. By The Inspector of Police, P6-Kodungaiyur Police Station, Chennai 600 118

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

https://www.mhc.tn.gov.in/judis/ N. ANAND VENKATESH,. J.

rka

Crl.OP No.1075 of 2021

27.01.2021

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