R.Manoharan vs The State Of Tamilnadu
2021 Latest Caselaw 94 Mad

                                                                               Crl.O.P.No.19789 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.19789 of 2020

                     R.MANOHARAN                                         ..   Petitioner
                                                       .vs.

                     THE STATE OF TAMILNADU
                     REPRESENTED BY
                     THE INSPECTOR OF POLICE
                     M1, POLICE STATION
                     MADHAVARAM HIGH ROAD
                     MADHAVARAM
                     CHENNAI 600 110.                                    .. Respondent


                               This Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure to direct the respondent police to
                     register FIR the petitioner's complaint dated 27.02.2020 and file a
                     FIR.


                                      For Petitioner          : M/s.Chennai Law Associates

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



                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                         Crl.O.P.No.19789 of 2020

                                                         ORDER

This petition has been filed to direct the respondent police to

register FIR based on the petitioner's complaint dated 27.02.2020

and file a FIR.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19789 of 2020

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.

                       mra                                                          04.01.2021

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

                     To

                     1.        THE INSPECTOR OF POLICE
                               M1, POLICE STATION
                               MADHAVARAM HIGH ROAD
                               MADHAVARAM
                               CHENNAI 600 110.

                     2.        THE PUBLIC PROSECUTOR
                               HIGH COURT OF MADRAS
                               MADRAS.




                                                                    N. ANAND VENKATESH,. J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19789 of 2020

mra

Crl.O.P. No.19789 of 2020

04.01.2021

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