M.Venkatasamy vs The State Rep. By
2021 Latest Caselaw 471 Mad

                                                                               Crl.O.P.No.21067 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.21067 of 2020

                     M.Venkatasamy                                                    .. Petitioner
                                                        .vs.

                     1. The State Rep. by
                        The Superintendent of Police,
                        Krishnagiri District.

                     2. The Deputy Superintendent of Police,
                        Denkanikottai Range,
                        Krishnagiri District.

                     3. The Inspector of Police,
                        Kelamangalam Police Station,
                        Krishnagiri District.                               ..Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the 3rd respondent police to Register the
                     FIR on the petitioner complaint dated 30.11.2020 and investigate the
                     matter in accordance with law.


                                      For Petitioner    : Mr.T.Elumalai

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


https://www.mhc.tn.gov.in/judis/
                                                                               Crl.O.P.No.21067 of 2020

                                                         ORDER

This petition has been filed to direct the 3rd respondent police to

Register the FIR on the petitioner complaint dated 30.11.2020 and

investigate the matter in accordance with law.

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. https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21067 of 2020

This Criminal Original Petition is disposed of accordingly.

06.01.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order ssr

To

1. The Superintendent of Police, Krishnagiri District.

2. The Deputy Superintendent of Police, Denkanikottai Range, Krishnagiri District.

3. The Inspector of Police, Kelamangalam Police Station, Krishnagiri District.

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

N. ANAND VENKATESH,. J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21067 of 2020

ssr

Crl.O.P. No.21067 of 2020

06.01.2021

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