V.Arasu vs The State Rep By
2021 Latest Caselaw 325 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.21161 of 2020

                    V.Arasu                                         ..PETITIONER


                                   Vs


                    1. The State Rep by
                       The Superintendent of Police,
                       Karaikkal,
                       Puducherry Union Territory.

                    2. The Inspector of Police,
                       Kottucherry Police Station,
                       Karaikal District,
                       Puducherry

                                                                        ..RESPONDENTS


                    PRAYER: Criminal Original Petition filed under Section 482 of the

                    Code of Criminal Procedure, to direct the respondent to register

                    the petitioner's complaint dated 11.01.2020 for an offence under

                    Sections 406, 409, 471 and 420 of IPC.
https://www.mhc.tn.gov.in/judis/
                                                           2

                                          For Petitioner       : Mr.L.Baskaran

                                          For Respondents : Mr.D.Bharatha Chakravarthi
                                                            Public Prosecutor
                                                            [Puducherry]


                                                       ORDER

This petition has been filed to direct the respondent

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

11.01.2020, pending on the file of the 2nd respondent Police.

2. Heard the learned counsel for the petitioner and the

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

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


                    Index      : Yes/No
                    Internet : Yes/No

Speaking Order/Non-Speaking Order rka

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To

1. The State Rep by The Superintendent of Police, Karaikkal, Puducherry Union Territory.

2. The Inspector of Police, Kottucherry Police Station, Karaikal District, Puducherry

3. THE PUBLIC PROSECUTOR, HIGH COURT OF MADRAS

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

N. ANAND VENKATESH, J.

rka

Crl.O.P No.21161 of 2020

05.01.2021

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