S.Sundaramoorthy vs State Rep. By
2021 Latest Caselaw 434 Mad

                                                                                 Crl. OP No.13 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 06.01.2021

                                                           CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P No.13 of 2021

                     S.Sundaramoorthy                                                 ... Petitioner
                                                            vs.

                     1. State Rep. By
                        The Superintendent of Police,
                        Chengelpet, Chengelpet District.

                     2. The Sub-Inspector of Police,
                        Manaampathi Police Station,
                        Manaampathi,
                        Chengelpet District.                                       ... Respondents



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

                     of Criminal Procedure, to direct the second respondent herein to take further

                     action based on the petitioner's complaint dated 09.12.2020 given to the 2nd

                     respondent herein.

                                          For Petitioner     : Mr.L.Uthaya Kumar
                                          For Respondent     : Mr.Mohammed Riyaz
                                                               Additional Public Prosecutor


                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                    Crl. OP No.13 of 2021

                                                           ORDER

This petition has been filed to direct the 2nd respondent Police to take

further action based on the petitioner's complaint dated 09.12.2020, pending

on the file of the 2nd respondent Police.

2.Heard the learned counsel appearing 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

https://www.mhc.tn.gov.in/judis/ Crl. OP No.13 of 2021

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.

                                                                                          06.01.2021

                     Index      : Yes/No
                     Internet   : Yes/No

Speaking Order/Non-Speaking Order jv

To

1. The Superintendent of Police, Chengelpet, Chengelpet District.

2. The Sub-Inspector of Police, Manaampathi Police Station, Manaampathi, Chengelpet District.

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

https://www.mhc.tn.gov.in/judis/ Crl. OP No.13 of 2021

N. ANAND VENKATESH, J.

jv

Crl.O.P No.13 of 2021

06.01.2021

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