S.Nijamudheen vs The State Represented By
2021 Latest Caselaw 82 Mad

                                                                             Crl.O.P.No.20212 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.20212 of 2020

                     S.NIJAMUDHEEN                                               .. Petitioner
                                                        .vs.

                     THE STATE REPRESENTED BY
                     THE SUPERINTENDENT OF POLICE
                     THIRUVARUR DISTRICT.                                    .. Respondent


                               This Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent police to
                     register the petitioner complaint dated 09.11.2020 and investigate
                     the matter in accordance with law.


                                      For Petitioner           : Mr.T.Elumalai

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




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                         Crl.O.P.No.20212 of 2020

                                                         ORDER

This petition has been filed to direct the respondent police to

register the petitioner complaint dated 09.11.2020 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

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20212 of 2020

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.

4. This Criminal Original Petition is disposed of accordingly.

04.01.2021 mra Speaking/Non-speaking order Index : Yes/No Internet : Yes/No

To

1. THE SUPERINTENDENT OF POLICE THIRUVARUR DISTRICT.

2. THE PUBLIC PROSECUTOR, HIGH COURT OF MADRAS, MADRAS.

N. ANAND VENKATESH,. J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20212 of 2020

mra

Crl.O.P. No.20212 of 2020

04.01.2021

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