Krishnamoorthy vs The Superintendent Of Police
2021 Latest Caselaw 2009 Mad

                                                             1               Crl.OP No.1284 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 29.01.2021

                                                         CORAM

                               THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                               CRL.O.P.No.1284 of 2021

                     Krishnamoorthy                                                 ...Petitioner

                                                           .Vs.

                     1.The Superintendent of Police,
                       Villupuram,
                       Villupuram District.

                     2.The Deputy Superintendent of Police,
                        Villupuram,
                        Villupuram District.

                     3.State rep.by
                       The Sub Inspector of Police,
                        Kanai Police Station,
                       Villupuram District.                                      ..Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 3rd respondent police to
                     register       the   petitioner's   complaint   dated   23.11.2020       and
                     investigate the same in accordance with law.


                                      For Petitioner      : Mr.R.Sasikumar

                                      For Respondents      : Mr.M.Mohamed Riyaz
https://www.mhc.tn.gov.in/judis/                            Additional Public Prosecutor
                                                            2              Crl.OP No.1284 of 2021

                                                      ORDER

This Criminal Original Petition has been filed to direct

the 3rd respondent police to register the petitioner's complaint

dated 23.11.2020 and investigate the same in accordance with

law.

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

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.

29.01.2021

Index : Yes/No Internet: Yes/No KP

To

1.The Superintendent of Police, Villupuram, Villupuram District.

2.The Deputy Superintendent of Police, Villupuram, Villupuram District.

3. The Sub Inspector of Police, Kanai Police Station, Villupuram District.

4.The Public Prosecutor, High Court, Madras.

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

KP

CRL.O.P.No.1284 of 2021

29.01.2021

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