Jaganathan vs The Superintendent Of Police
2021 Latest Caselaw 2011 Mad

                                                           1              Crl.OP No.1257 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.1257 of 2021

                     Jaganathan                                                  ...Petitioner

                                                         .Vs.

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

                     2.Inspector of Police,
                      Annur Police Station,
                      Tiruppur District.
                                                                              ..Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent police to
                     register FIR on the basis of the petitioner's complaint dated
                     02.12.2020 to the 2nd respondent and investigate the matter in
                     accordance with law.



                                      For Petitioner     : Mr.S.Kolandasamy

                                      For Respondents    : Mr.M.Mohamed Riyaz
                                                          Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
                                                             2              Crl.OP No.1257 of 2021



                                                       ORDER

This Criminal Original Petition has been filed to direct the

2nd respondent police to register FIR on the basis of the

petitioner's complaint dated 02.12.2020 and investigate the matter

in accordance with law.

2.Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor appearing on behalf of the

respondent police.

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

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.

29.01.2021

Index : Yes/No Internet: Yes/No KP

To

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

2.Inspector of Police, Annur Police Station, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.J.,

KP

CRL.O.P.No.1257 of 2021

29.01.2021

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