S.Sundararaj vs The Commissioner Of Police
2021 Latest Caselaw 11361 Mad

                                                                           Crl.O.P.No.8494 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.8494 of 2021
                     S.Sundararaj                                                  ... Petitioner

                                                   Vs

                     1. The Commissioner of Police,
                     Coimbatore District Coimbatore Office,
                     Coimbatore – 641 018.

                     2. The Inspector of Police,
                     E-2 Police Station,
                     11, Avinashi Road,
                     Opp. Fun Mall,
                     Coimbatore – 641 004.

                     3. The Inspector of Police,
                     All Women Police Station,
                     Puliyakulam Road,
                     Ramanathapuram,
                     Coimbatore – 641 045.

                     4. Tmt.G.Amutha                                       ... Respondents

                           PRAYER: Criminal Original Petition filed under Section 482
                     Cr.P.C., directing the respondents 1 to 3 to register a case based on the
                     Complaint dated 20.04.2021 preferred by the petitioner.


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                                                                                 Crl.O.P.No.8494 of 2021

                                           For Petitioner    : Mr.K.Rajasekaran

                                           For Respondents : Mr.A.Damodaran for R1 to R3
                                                             Counsel for Govt. of
                                                             Tamilnadu (Crl.Side)

                                                              *****

                                                     ORDER

This Criminal Original Petition has been filed to direct the

respondents 1 to 3 to register a case based on the Complaint dated

20.04.2021 preferred by the petitioner.

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

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https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8494 of 2021

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.

01.06.2021

msv Index : Yes Internet: Yes

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https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8494 of 2021

To

1. The Commissioner of Police, Coimbatore District Coimbatore Office, Coimbatore – 641 018.

2. The Inspector of Police, E-2 Police Station, 11, Avinashi Road, Opp. Fun Mall, Coimbatore – 641 004.

3. The Inspector of Police, All Women Police Station, Puliyakulam Road, Ramanathapuram, Coimbatore – 641 045.

4. The Public Prosecutor, High Court, Madras.

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https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8494 of 2021

N.SATHISH KUMAR, J

msv

Crl.O.P.No.8494 of 2021

01.06.2021

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