Ganesan vs The District Superintendent Of ...
2021 Latest Caselaw 78 Mad

                                                                   1             Crl.OP No.17541 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.17541 of 2020

                     Ganesan                                                       ...Petitioner

                                                         .Vs.

                     1.The District Superintendent of Police,
                       Tiruppur District,
                       Tiruppur.

                     2.State rep. by
                       Inspector of Police,
                       City Crime Branch, (CCB),
                       Tiruppur,
                       Tiruppur District.                                          ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to direct the 2nd respondent to register the case on the
                     basis of the complaint given by the petitioner dated on 15.09.2020.

                                     For Petitioner      : Mr. K.T.S.Sivakumar

                                     For Respondents : Mr.M.Mohamed Riyaz
                                                       Additional Public Prosecutor




https://www.mhc.tn.gov.in/judis/
                                                                   2          Crl.OP No.17541 of 2020


                                                       ORDER

This Criminal Original Petition has been filed to direct the 2nd

respondent Police to register an FIR based on the petitioner's complaint

dated 15.09.2020, pending on the file of the 2nd respondent police.

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

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

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 rm

To

1.The District Superintendent of Police, Tiruppur District, Tiruppur.

2.The Inspector of Police, City Crime Branch, (CCB), Tiruppur, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.J.,

rm

CRL.O.P.No.17541 of 2020

04.01.2021

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