Nishaanth vs The State Of Tamil Nadu
2021 Latest Caselaw 11415 Mad

                                                                               Crl.O.P.No.9741 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 03.06.2021

                                                           CORAM

                                   THE HON`BLE MR.JUSTICE N.SATHISH KUMAR

                                                Crl.O.P.No.9741 of 2021
                     Nishaanth                                                       ... Petitioner

                                                      Vs

                     1. The State of Tamil Nadu
                     Represented by the Superintendent of Police,
                     Krishnagiri District
                     Krishnagiri.

                     2. The State of Tamil Nadu,
                     Represented by Sub Inspector of Police,
                     Nagarasampatty Police Station,
                     Krishnagiri District
                     Krishnagiri.                                             ... Respondents

                            PRAYER: Criminal Original Petition filed under Section 482
                     Cr.P.C., to direct the respondents to register the petitions/complaints dated
                     27.04.2021 vide CSR No.128/2021 and 06.05.2021, to conduct enquiry and
                     investigate the same.

                                          For Petitioner    : Mr.VK.Vijayaragavan

                                          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.9741 of 2021



                                                         ORDER

This Criminal Original Petition has been filed to direct the

respondents to register the petition/complaint dated 27.04.2021 vide

CSR No.128/2021, to conduct enquiry and investigate the same.

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.9741 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.

03.06.2021

msv Index : Yes Internet: Yes

To

1. The Superintendent of Police, State of Tamil Nadu Krishnagiri District Krishnagiri.

2. The Sub Inspector of Police, State of Tamil Nadu, Nagarasampatty Police Station, Krishnagiri District Krishnagiri.

3. The Public Prosecutor, High Court, Madras.

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N.SATHISH KUMAR, J msv

Crl.O.P.No.9741 of 2021

03.06.2021

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