K.Saravanan vs State By
2021 Latest Caselaw 253 Mad

                                                                               Crl.O.P.No.21145 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 05.01.2021

                                                        CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P. No.21145 of 2020

                     K.Saravanan                                                      .. Petitioner
                                                        .vs.

                     State by
                     The Inspector of Police,
                     T. 6, Avadi Police Station,
                     Chennai – 54.                                                ..Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondent police to register the
                     complaint and take the proper action against the accused on the
                     complaint given by the petitioner dated 10/12/2020.


                                      For Petitioner    : Mr.A.Arasu Ganesan

                                      For Respondent    : Mr.M.Mohamed Riyaz, (Crl.Side)
                                                          Additional Public Prosecutor

                                                        ORDER

This petition has been filed to direct the respondent police to

register the complaint and take the proper action against the accused on

the complaint given by the petitioner dated 10/12/2020.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21145 of 2020

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor appearing on behalf of the respondent.

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.

This Criminal Original Petition is disposed of accordingly.

                                                                                        05.01.2021

                    Index            : Yes/No
                    Internet         : Yes/No
                    ssr

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21145 of 2020

To

1. The Inspector of Police, T. 6, Avadi Police Station, Chennai – 54.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21145 of 2020

N. ANAND VENKATESH,. J.

ssr

Crl.O.P. No.21145 of 2020

05.01.2021

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