V.Dhanasekaran vs The Deputy Superintendent Of ...
2021 Latest Caselaw 5357 Mad

                                                          1            Crl.O.P.NO.3989 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 01.03.2021

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                             Crl.O.P No.3989 of 2021

                     V.Dhanasekaran                                          .. Petitioner

                                                        Vs.

                     1. The Deputy Superintendent of Police,
                        Thirumani Road, Chengalpattu – 603 001.

                     2. The Superintendent of Police,
                        Thirumani Road, Chengalpattu – 603 001.

                     3. The Inspector of Police,
                        Kattankulathur Police Station,
                        Kattankulathur 603 203                         .. Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the third respondent to

                     register the case of the petitioner complaint dated 05.10.2020

                     and file a FIR.

                                     For Petitioner   : Mr.V.Nandagopalan

                                     For Respondent : Mr.C.Raghavan
                                                      Government Advocate
https://www.mhc.tn.gov.in/judis/
                                                          2            Crl.O.P.NO.3989 of 2021

                                                      ORDER

This petition has been filed to direct the respondent Police

to register a case based on the petitioner complaint dated

05.10.2020 pending on the file of the respondent Police.

2.Heard the learned counsel for the petitioner and the

learned Government Advocate appearing on behalf of the

respondent.

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 https://www.mhc.tn.gov.in/judis/ 3 Crl.O.P.NO.3989 of 2021

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.

This Criminal Original Petition is disposed of accordingly.

                                                                                 01.03.2021


                     Index          : Yes/No
                     Internet       : Yes/No
                     rka

https://www.mhc.tn.gov.in/judis/ 4 Crl.O.P.NO.3989 of 2021

N. ANAND VENKATESH, J.

rka

To

1.1. The Deputy Superintendent of Police, Thirumani Road, Chengalpattu – 603 001.

2. The Superintendent of Police, Thirumani Road, Chengalpattu – 603 001.

3. The Inspector of Police, Kattankulathur Police Station, Kattankulathur 603 203

4. The Public Prosecutor, High Court, Madras.

Crl.O.P No.3989 of 2021

01.03.2021 https://www.mhc.tn.gov.in/judis/