M.Bharathi vs The State Of Tamilnadu
2021 Latest Caselaw 76 Mad

                                                            1              Crl.OP.No.18827 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 04.01.2021

                                                       CORAM

                          THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.18827 of 2020


                    M.Bharathi                                                       .. Petitioner

                                                           vs.


                    The State of Tamilnadu
                    rep.by
                    The Inspector of Police,
                    R-7, K.K.Nagar Police Station,
                    Chennai 600 078.                                             .. Respondent


                    PRAYER: Criminal Original Petition filed under Section 482 of the Code
                    of Criminal Procedure, to direct the respondent police to register FIR on
                    the petitioner's complaint dated 31.12.2020 for which CSR No.1/2020
                    dated 02.01.2020.


                                          For Petitioner     : M/s.Chennai Law Associates


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


https://www.mhc.tn.gov.in/judis/
                                                              2              Crl.OP.No.18827 of 2020




                                                         ORDER

This Criminal Original Petition has been filed to direct the

respondent police to register FIR based on the petitioner's complaint

dt.31.12.2019 in CSR No.1/2020 dt.02.01.2020.

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

Additional Public Prosecutor appearing on behalf of the respondent.

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/

directions issued by the Division Bench in the order referred supra.

This Criminal Original Petition is disposed of accordingly.

                                                                                       04.01.2021
                    Index           : Yes/No
                    Internet        : Yes/No
                    KP

                    To

                    1.The Inspector of Police,
                      R-7, K.K.Nagar Police Station,
                      Chennai 600 078.

2.The Additional Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, J.

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

Crl.O.P No.18827 of 2020

04.01.2021

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