Ramamoorthy vs State Rep. By
2021 Latest Caselaw 283 Mad

                                                                                   Crl.O.P.No.21102 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.21102 of 2020

                Ramamoorthy                                                       .. Petitioner
                                                       .vs.

                1. State Rep. by
                   The Superintendent of Police,
                   Erode District.

                2. State Rep. By
                   The Inspector of Police,
                   Velayutham Palayam Police Station,
                   Karur District.                                              ..Respondents

                PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to direct the 2nd respondent police to register a case based
                on the complaint dated 27.10.2020 given by the petitioners to proceed in
                accordance with law.

                                    For Petitioner     : M/s.M.B.Prabhu Sudha

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

                                                          ORDER

This petition has been filed to direct the 2nd respondent police to register

a case based on the complaint dated 27.10.2020 given by the petitioners to

proceed in accordance with law.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21102 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.

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.21102 of 2020

To

1. The Superintendent of Police, Erode District.

2. The Inspector of Police, Velayutham Palayam Police Station, Karur District.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21102 of 2020

N. ANAND VENKATESH,. J.

ssr

Crl.O.P. No.21102 of 2020

05.01.2021

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