Selva Kumaraswamy vs The Inspector Of Police
2021 Latest Caselaw 258 Mad

                                                                               Crl.O.P.No.21110 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.21110 of 2020

                     Selva Kumaraswamy                                                .. Petitioner
                                                         .vs.

                     The Inspector of Police,
                     T 14, Mangadu Police Station,
                     Plot No.2, Mangadu,
                     Chennai – 600 122.                                           ..Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondent to register a case based
                     upon the petitioner's complaint dated 02/11/2020 bearing CSR No.1575
                     of 2020.


                                      For Petitioner    : Mr.M.Madhu Prakash

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

                                                        ORDER

This petition has been filed to direct the respondent to register a

case based upon the petitioner's complaint dated 02/11/2020 bearing CSR

No.1575 of 2020.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21110 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.21110 of 2020

To

1. The Inspector of Police, T 14, Mangadu Police Station, Plot No.2, Mangadu, Chennai – 600 122.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21110 of 2020

N. ANAND VENKATESH,. J.

ssr

Crl.O.P. No.21110 of 2020

05.01.2021

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