M.Ravi vs The District Superintendent Of ...
2021 Latest Caselaw 254 Mad

                                                            1              Crl.OP.No.18164 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.18164 of 2020

                    M.Ravi                                                        .. Petitioner

                                                           vs.

                    1.The District Superintendent of Police,
                      District Collectorate Office Compus,
                      Kanchipuram – 6310501.

                    2.The Inspector of Police,
                      Magaral Police Station,
                      Magaral,
                      Walajabad Taluk,
                      Kanchipuram District.                                       .. Respondents

                    PRAYER: Criminal Original Petition filed under Section 482 of the Code
                    of Criminal Procedure, to direct the respondents to take further course of
                    action in consequence to the enquiry done by the 2nd respondent on
                    03.10.2020, on the basis of the complaint lodged by the petitioner dated
                    01.10.2020.


                                          For Petitioner     : Mr.C.K.Sekar
                                          For Respondent     : Mr.M.Mohamed Riyaz
                                                               (Crl.Side)
                                                               Additional Public Prosecutor

https://www.mhc.tn.gov.in/judis/
                                                              2              Crl.OP.No.18164 of 2020


                                                         ORDER

This Criminal Original Petition has been filed to direct the 2nd

respondent to conduct further investigation on the basis of the complaint

lodged by the petitioner dated 01.10.2020.

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

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

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
                    KP

                    To

1.The District Superintendent of Police, District Collectorate Office Compus, Kanchipuram – 6310501.

2.The Inspector of Police, Magaral Police Station, Magaral, Walajabad Taluk, Kanchipuram District.

3.The Additional Public Prosecutor, High Court, Madras.

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

N. ANAND VENKATESH, J.

KP

Crl.O.P No.18164 of 2020

05.01.2021

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