V.Dharman vs The Superintendent Of Police
2021 Latest Caselaw 270 Mad

                                                            1             Crl.OP.No.18291 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.18291 of 2020

                    V.Dharman                                                    .. Petitioner

                                                           vs.

                    1.The Superintendent of Police,
                      Krishnagiri District,
                      Krishnagiri.

                    2.The Inspector of Police,
                      Kaveripattinam Police Station,
                      Krishnagiri District.
                                                                                 .. Respondents


                    PRAYER: Criminal Original Petition filed under Section 482 of the Code
                    of Criminal Procedure, to direct the 2nd respondent herein to conduct
                    further investigation on the complaint dated 18.10.2020 preferred by the
                    petitioner.


                                          For Petitioner     : Mr.K.Kathiresan


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

https://www.mhc.tn.gov.in/judis/
                                                              2              Crl.OP.No.18291 of 2020




                                                        ORDER

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

respondent herein to conduct further investigation on the complaint dated

18.10.2020.

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 Superintendent of Police,
                      Krishnagiri District,
                      Krishnagiri.

                    2.The Inspector of Police,
                      Kaveripattinam Police Station,
                      Krishnagiri District.

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

N. ANAND VENKATESH, J.

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

Crl.O.P No.18291 of 2020

05.01.2021

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