T.Sathyaseelan vs The Superintendent Of Police
2021 Latest Caselaw 277 Mad

                                                                              Crl.O.P No.17126 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.17126 of 2020

                    T.Sathyaseelan
                                                                                ...Petitioner
                                                              Vs

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

                    2. The Inspector of Police,
                    Kodumudi Police Station,
                    Kodumudi, Erode District.
                                                                                    ..Respondents

                    PRAYER: Criminal Original Petition filed under Section 482 of the Code
                    of Criminal Procedure, to direct the first respondent to register the
                    petitioner's complaint dated 28.07.2020.
                                           For Petitioner    : Mr.W.Camyles Gandhi
                                           For Respondent    : Mr.M.Mohamed Riyaz
                                                               Additional Public Prosecutor

                                                        ORDER

This petition has been filed to direct the first respondent

Police to register a case based on the petitioner's complaint dated

28.07.2020, pending on the file of the respondent Police.

https://www.mhc.tn.gov.in/judis/ Crl.O.P No.17126 of 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 directions issued

by the Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

05.01.2021

https://www.mhc.tn.gov.in/judis/ Crl.O.P No.17126 of 2020

Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order

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To

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

2. The Inspector of Police, Kodumudi Police Station, Kodumudi, Erode District.

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P No.17126 of 2020

N. ANAND VENKATESH, J.

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Crl.O.P No.17126 of 2020

05.01.2021

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