S.Jay Sankar vs The Superintendent Of Police
2021 Latest Caselaw 83 Mad

                                                                   1         Crl.OP No.17569 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.17569 of 2020

                     S.Jay Sankar                                              ...Petitioner

                                                         .Vs.

                     1.The Superintendent of Police,
                       Chengalpattu District at
                       Chengalpattu.

                     2.The Inspector of Police,
                       G.10 Anaicut Police Station,
                       Chengalpattu District.                                  ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to direct the 2nd respondent police viz., The Inspector of
                     Police, G.10, Anaicut Police Station, Chengalpattu District to register a case
                     based on the complaint given by him to the respondents dated 31.08.2020.


                                     For Petitioner      : Mr. A.Murugavel

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


                                                          ORDER

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

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

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

dated 31.08.2020, 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

issued by the Division Bench in the order referred supra.

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

This Criminal Original Petition is disposed of accordingly.

04.01.2021

Index : Yes/No Internet: Yes/No rm

To

1.The Superintendent of Police, Chengalpattu District at Chengalpattu.

2.The Inspector of Police, G.10 Anaicut Police Station, Chengalpattu District.

3.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.J.,

rm

CRL.O.P.No.17569 of 2020

04.01.2021

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