E.Sekhar vs The Superintendent Of Police
2021 Latest Caselaw 11417 Mad

                                                                                Crl.O.P.No.9804 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.9804 of 2021
                     1.E.Sekhar

                     2.S.Sethulakshmi                                          ... Petitioners

                                                       Vs

                     1. The Superintendent of Police,
                     Office of the Superintendent of Police,
                     Mettupalayam, Puducherry.

                     2. The State of Puducherry,
                     Rep by the Inspector of Police,
                     Mettupalayam Police Station,
                     Mettupalayam, Puducherry.                                 ... Respondents

                           PRAYER: Criminal Original Petition filed under Section 482
                     Cr.P.C., to direct the 2nd respondent police to register the case based on the
                     complaint lodged by the petitioners dated 14.04.2021 on the file of the 2nd
                     respondent Police.

                                          For Petitioners   : Mr.D.Babu Varadharajan

                                          For Respondents : Mr.Bharatha Chakravarhy
                                                            Public Prosecutor (Pondy)
                                                            *****



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                                                                                  Crl.O.P.No.9804 of 2021

                                                        ORDER

This Criminal Original Petition has been filed to direct the 2nd

respondent police to register the case based on the complaint lodged by the

petitioners dated 14.04.2021 on the file of the 2nd respondent Police.

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

Public Prosecutor (Pondy) 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

Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given

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to the petitioners 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, Office of the Superintendent of Police, Mettupalayam, Puducherry.

2. The Inspector of Police, State of Puducherry, Mettupalayam Police Station, Mettupalayam, Puducherry.

3. The Public Prosecutor, High Court, Madras.

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N.SATHISH KUMAR, J msv

Crl.O.P.No.9804 of 2021

03.06.2021

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