Selvaraj vs The District Superintendent Of ...
2021 Latest Caselaw 265 Mad

                                                                             Crl.O.P.No.20787 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.20787 of 2020

                     Selvaraj                                                         .. Petitioner
                                                        .vs.

                     1. The District Superintendent of Police,
                        Villupuram District.

                     2. The Deputy Superintendent of Police,
                        Kallakuruchi, Villupuram District.

                     3. The Inspector of Police,
                        Kacharapalayam Police Station,
                        Kallakuruchi District.                                    ..Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code

                     of Criminal Procedure, to direct the 3rd Respondent to register the F.I.R

                     on the Petitioner's complaint dated 11.07.2019 in C.No.P2/26771/19, and

                     pass such further or other orders as this Court may be pleased to deem fit.



                                      For Petitioner    : Mr.S.Gunaseelan

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


https://www.mhc.tn.gov.in/judis/
                                                                                Crl.O.P.No.20787 of 2020

                                                          ORDER

This petition has been filed to direct the 3rd Respondent to register

the F.I.R on the Petitioner's complaint dated 11.07.2019 in

C.No.P2/26771/19.

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/ Crl.O.P.No.20787 of 2020

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

                     To

1. The District Superintendent of Police, Villupuram District.

2. The Deputy Superintendent of Police, Kallakuruchi, Villupuram District.

3. The Inspector of Police, Kacharapalayam Police Station, Kallakuruchi District.

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

N. ANAND VENKATESH,. J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20787 of 2020

ssr

Crl.O.P. No.20787 of 2020

05.01.2021

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