S.Jayachanran vs 3 The State Represented By
2021 Latest Caselaw 97 Mad

                                                                           Crl.O.P.No.20017 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.20017 of 2020

                     S.JAYACHANRAN                                        .. Petitioner
                                                         .vs.

                     1 THE STATE REPRESENTED BY
                       THE SUPERINTENDENT OF POLICE
                       THIRUVANNAMALAI, THIRUVANNAMALAI DISTRICT.

                     2 THE STATE REPRESENTED BY
                       THE DEPUTY SUPERINTENDENT OF POLICE
                       THIRUVANNAMALAI, THIRUVANNAMALAI DISTRICT.

                     3 THE STATE REPRESENTED BY
                       INSPECTOR OF POLICE
                       THIRUVANNAMALAI POLICE STATION
                         THIRUVANNAMALAI DISTRICT.                         .. Respondents



                               This Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure to direct the respondent to register the
                     complaint dated 13.06.2019 and investigate the matter in
                     accordance with the law.




                     1/5


https://www.mhc.tn.gov.in/judis/
                                                                        Crl.O.P.No.20017 of 2020

                                    For Petitioner        : Mr.S.Arokiamaniraj

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


                                                     ORDER

This petition has been filed to direct the respondent to

register the complaint dated 13.06.2019 and investigate the matter

in accordance with the law.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20017 of 2020

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.

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

                     To

                     1 THE SUPERINTENDENT OF POLICE

THIRUVANNAMALAI, THIRUVANNAMALAI DISTRICT.

2 THE DEPUTY SUPERINTENDENT OF POLICE THIRUVANNAMALAI, THIRUVANNAMALAI DISTRICT.

3 INSPECTOR OF POLICE THIRUVANNAMALAI POLICE STATION THIRUVANNAMALAI DISTRICT.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20017 of 2020

4. THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS MADRAS.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20017 of 2020

N. ANAND VENKATESH,. J.

mra

Crl.O.P. No.20017 of 2020

04.01.2021

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