S.Sakthivel vs State Rep. By
2021 Latest Caselaw 312 Mad

                                                             1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 05.01.2021

                                                          CORAM

                         THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.19034 of 2020

                  S.Sakthivel,
                  S/o.Subramani.                                                ... Petitioner
                                                            Vs.
                  State rep. by
                  Inspector of Police,
                  Paparapatti Police Station,
                  Dharmapuri District.                                          ... Respondent

                  Prayer: This Criminal Original Petition filed under Section 482 of Cr.P.C.
                  to issue a direction directing the respondent to take further action based on
                  the complaints dated 27.10.2020 made by the petitioner.


                                    For Petitioner           : Mr.C.Mohammed Aseef
                                    For Respondent           : Mr.M.Mohamed Riyaz,
                                                               Additional Public Prosecutor.

                                                          ORDER

This Criminal Original Petition has been filed to direct the

respondent Police to take further action on the petitioner's complaint dated

27.10.2020, pending on the file of the respondent police.

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

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 Internet:Yes/No rm

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

To

1.The Inspector of Police, Paparapatti Police Station, Dharmapuri District.

2.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.,J

rm

Crl.O.P.No.19034 of 2020

05.01.2021

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