M.Gopinath vs The State Rep By Its
2021 Latest Caselaw 2012 Mad

                                                           1                Crl.OP No.1243 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.1243 of 2021


                     M.Gopinath                                                  ...Petitioner

                                                        .Vs.


                     The State Rep by its
                     Inspector of Police,
                     D1, Triplicane Police Station,
                     Chennai-5.                                                  ..Respondent



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent police to
                     register the FIR against the thief Mr.Kothandam covered in CSR
                     No.385/2019 dated 6.5.2019, and investigate the same as per
                     law.



                                      For Petitioner    : Mr.C.Srinivasan

                                      For Respondent   : Mr.M.Mohamed Riyaz
                                                         Additional Public Prosecutor


https://www.mhc.tn.gov.in/judis/
                                                                2                Crl.OP No.1243 of 2021

                                                       ORDER

This Criminal Original Petition has been filed to direct the

respondent police to register the FIR against the thief

Mr.Kothandam covered in CSR No.385/2019 dated 6.5.2019.

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

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

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.Inspector of Police, D1, Triplicane Police Station, Chennai-5.

2.The Public Prosecutor, High Court, Madras.

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

KP

CRL.O.P.No.1243 of 2021

29.01.2021

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