Selvam vs The Commissioner Of Police
2021 Latest Caselaw 457 Mad

                                                                                          Crl.O.P.No.14 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.14 of 2021

            Selvam                                                        .. Petitioner
                                                     .vs.

            State Rep. by
            1. The Commissioner of Police,
               Office of the Commissioner of Police,
               Coimbatore City,
               Coimbatore.

            2. The Inspector of Police, (Crime)
               C-2, Race Course Police Station,
               Coimbatore City.                                               ..Respondents

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

            Criminal Procedure, to direct the 2nd Respondent to register a case based on the

            petitioner's complaint dated 23.01.2020.



                                   For Petitioner    : Mr.G.Anbuchezheiyan

                                   For Respondents : Mr.M.Mohamed Riyaz, (Crl.Side)
                                                     Additional Public Prosecutor

                                                            ORDER

This petition has been filed to direct the 2nd Respondent to register a case

based on the petitioner's complaint dated 23.01.2020. https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.14 of 2021

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.

06.01.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order ssr https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.14 of 2021

To

1. The Commissioner of Police, Office of the Commissioner of Police, Coimbatore City, Coimbatore.

2. The Inspector of Police, (Crime) C-2, Race Course Police Station, Coimbatore City.

3.The Public Prosecutor, High Court of Madras, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.14 of 2021

N. ANAND VENKATESH,. J.

ssr

Crl.O.P. No.14 of 2021

06.01.2021

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