T.David vs The State Of Tamilnadu
2021 Latest Caselaw 461 Mad

                                                                     Crl.op.16829 of 2020 dt.6.1.2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 06.01.2021

                                                        CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                               Crl.O.P. No.16829 of 2020

                     T.David                                                          .. Petitioner
                                                         .vs.

                        The State of Tamilnadu,
                        represented by the Inspector of Police,
                        S-11 Tambaram Police Station,
                        Chennai.                                                   ..Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondent to register FIR based on
                     the complaint dated 23.09.2020 of the petitioner, vide CSR.No.614 of
                     2020.

                                      For Petitioner    : M/s.Chennai Law Associates
                                      For Respondent    : Mr.M.Mohamed Riyaz,
                                                          Addl. Public Prosecutor

                                                         ORDER

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

case based on the complaint dated 23.09.2020 of the petitioner, vide

CSR.No.614 of 2020.

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

Addl. Public Prosecutor appearing on behalf of the respondents.

N. ANAND VENKATESH,. J.

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

Crl.op.16829 of 2020 dt.6.1.2021

msr

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
                     msr
                     To
                     1.The Inspector of Police,
                       S-11 Tambaram Police Station,
                       Chennai.
                     2.The Public Prosecutor,
                       High Court of Madras,
                       Madras.
                                                                      Crl.O.P. No.16829 of 2020

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