R.Manjula vs The Superintendent Of Police
2021 Latest Caselaw 11360 Mad

                                                                               Crl.O.P.No.8927 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 01.06.2021

                                                           CORAM

                                   THE HON`BLE MR.JUSTICE N.SATHISH KUMAR

                                                Crl.O.P.No.8927 of 2021
                     R.Manjula                                                ... Petitioner

                                                      Vs

                     1. The Superintendent of Police,
                     Cuddalore District
                     Cuddalore.

                     2. The Inspector of Police,
                     Veppur Police Station,
                     Veppur and Taluk
                     Cuddalore District.

                     3. Manikandan                                            ... Respondents

                           PRAYER: Criminal Original Petition filed under Section 482
                     Cr.P.C., to direct the second respondent to register the case on the basis of
                     the complaint given by the petitioner dated 01.01.2020.

                                          For Petitioner    : Mr.C.Deivasigamani

                                          For Respondents : Mr.A.Damodaran for R1 and R2
                                                            Counsel for Govt. of
                                                            Tamilnadu (Crl.Side)

                                                             *****

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https://www.mhc.tn.gov.in/judis/
                                                                                   Crl.O.P.No.8927 of 2021



                                                         ORDER

This Criminal Original Petition has been filed to direct the second

respondent to register the case on the basis of the complaint given by the

petitioner dated 01.01.2020.

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

for Government of Tamilnadu (Crl.Side) 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

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https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8927 of 2021

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.

01.06.2021

msv Index : Yes Internet: Yes

To

1. The Superintendent of Police, Cuddalore District Cuddalore.

2. The Inspector of Police, Veppur Police Station, Veppur and Taluk Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

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https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8927 of 2021

N.SATHISH KUMAR, J msv

Crl.O.P.No.8927 of 2021

01.06.2021

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