Rajendra Kumar vs The Inspector Of Police
2021 Latest Caselaw 432 Mad

                                                                            Crl.O.P No.19750 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 06.01.2021

                                                           CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P No.19750 of 2020

                     Rajendra Kumar                                                   ... Petitioner
                                                            vs.


                     The Inspector of Police,
                     Villianur Police Station,
                     Villianur,
                     Puducherry – 605 110.                                         ... Respondent



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

                     of Criminal Procedure, to pass an order of direction directing the respondent

                     to register a case based upon the petitioner's complaint dated 18/10/2020.

                                          For Petitioner     : Mr.M.Madhu Prakash
                                          For Respondent     : Mr.Mohammed Riyaz
                                                               Additional Public Prosecutor




                                                           ORDER

https://www.mhc.tn.gov.in/judis/ Crl.O.P No.19750 of 2020

This petition has been filed to direct the respondent Police to register

a case based on the petitioner's complaint dated 18.10.2020, pending on the

file of the respondent Police.

2.Heard the learned counsel appearing for the petitioner and the

learned Additional Public Prosecutor appearing on behalf of the respondent.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P No.19750 of 2020

Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

                                                                                          06.01.2021

                     Index      : Yes/No
                     Internet   : Yes/No

Speaking Order/Non-Speaking Order jv

To

1. The Inspector of Police, Villianur Police Station, Villianur, Puducherry – 605 110.

2. The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl.O.P No.19750 of 2020

N. ANAND VENKATESH, J.

jv

Crl.O.P No.19750 of 2020

06.01.2021

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