P. Mohan vs State Rep. By
2021 Latest Caselaw 867 Mad

                                                                      Crl.op.356 of 2021 dt.11.01.2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 11.01.2021

                                                         CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P. No.356 of 2021
                     P. Mohan                                                          .. Petitioner
                                                         .vs.

                     State rep. By
                     the Inspector of Police,
                     (Law and Order),
                     J-6, Thiruvanmiyur Police Station,
                     Thiruvanmiyur,
                     Chennai 600 041.                                              .. Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondent to register the petitioner's
                     complaint dated 11.12.2020 in CSR.No.752 of 2020 for an offence under
                     section 420 of IPC.

                                      For Petitioner     : Mr.L.Baskaran

                                      For Respondent     : Mr.M. Mohamed Riyaz,
                                                           Addl. Public Prosecutor

                                                         ORDER

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

FIR based on the complaint dated 11.12.2020 of the petitioner in

CSR.No.752 of 2020.

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

Crl.op.356 of 2021 dt.11.01.2021

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

Addl. 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.

4.This Criminal Original Petition is disposed of accordingly.

                                                                                           11.01.2021
                     Index              : Yes/No
                     Internet           : Yes/No
                     msr

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

Crl.op.356 of 2021 dt.11.01.2021

To

1. The Inspector of Police, (Law and Order), J-6, Thiruvanmiyur Police Station, Thiruvanmiyur, Chennai 600 041.

2. The Public Prosecutor, High Court of Madras.

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

Crl.op.356 of 2021 dt.11.01.2021

N. ANAND VENKATESH,. J.

msr

Crl.O.P. No.356 of 2021

11.01.2021

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