T.G.Raja vs The Superintendent Of Police
2021 Latest Caselaw 299 Mad

                                                                           Crl.O.P No.16357 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.16357 of 2020

                    T.G.Raja
                    S/o.T.Govindan
                                                                            ...Petitioner


                              Vs

                    1. The Superintendent of Police,
                    District Superintendent office,
                    Thirupathur,
                    Thirupathur District.

                    2. The Inspector of Police,
                    Thirupathur Taluk Police Station,
                    Thirupathur,
                    Thirupathur District.
                                                                                 ..Respondents

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

                    of Criminal Procedure, to direct the first respondent police to register a

                    case based on the petitioners complaint dated 15.09.2020 and to

                    investigate the same.




                    1
https://www.mhc.tn.gov.in/judis/
                                                                              Crl.O.P No.16357 of 2020

                                         For Petitioner     : Mr.C.S.Vijayakumar

                                         For Respondents : 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

15.09.2020, pending on the file of the first respondent Police.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P No.16357 of 2020

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

                    Index      : Yes/No
                    Internet   : Yes/No

Speaking Order/Non-Speaking Order

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To

1. The Superintendent of Police, District Superintendent office, Thirupathur, Thirupathur District.

2. The Inspector of Police, Thirupathur Taluk Police Station, Thirupathur, Thirupathur District.

3. The Public Prosecutor, High Court of Madras.

N. ANAND VENKATESH, J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P No.16357 of 2020

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Crl.O.P No.16357 of 2020

05.01.2021

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