A.Panneerselvam vs State Rep. By
2021 Latest Caselaw 473 Mad

                                                                              Crl.O.P.No.21080 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.21080 of 2020

                     A.Panneerselvam                                                 .. Petitioner
                                                        .vs.

                     1. State Rep. by
                        Superintendent of Police,
                        Office of the Superintendent of Police
                        of Cuddalore District, Cuddalore.

                     2. State Rep by,
                        The Inspector of Police,
                        Kurinchipadi Police Station,
                        Kurinchipadi,
                        Cuddalore District.                                      ..Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondents to register the case on
                     the basis of the Petitioner complaint dated 10.12.2020 on the file of the
                     second respondent Police and to file the final report expeditiously.


                                      For Petitioner    : Mr.A.Ethayaselvan

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


                                                               1
https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.21080 of 2020

                                                          ORDER

This petition has been filed to direct the respondents to register the

case on the basis of the Petitioner complaint dated 10.12.2020 on the file

of the second respondent Police and to file the final report expeditiously.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21080 of 2020

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

To

1. The Superintendent of Police, Office of the Superintendent of Police of Cuddalore District, Cuddalore.

2. The Inspector of Police, Kurinchipadi Police Station, Kurinchipadi, Cuddalore District.

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

N. ANAND VENKATESH,. J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21080 of 2020

ssr

Crl.O.P. No.21080 of 2020

06.01.2021

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