K.Sathyamoorthy vs The Superintendent Of Police
2021 Latest Caselaw 5663 Mad

                                                                                   Crl.O.P.No.4217 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 03.03.2021

                                                           CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                Crl.O.P.No.4217 of 2021
                     K.Sathyamoorthy                                             .. Petitioner

                                                                Vs.
                     1. The Superintendent of Police,
                     Dharmapuri District Police Office,
                     Dharmapuri.

                     2. State rep. by
                     The Inspector of Police,
                     Gopinathampatti Koot Road Police Station,
                     Pappireddipatti Taluk,
                     Dharmapuri District.
                                                                                   .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the respondent to take action against the accused
                     person V.Palani, S/o.Vadivel, chinnagoundanoor Village, K.Morur Post,
                     Kadayampatti Taluk, Salem District to conduct enquiry and investigate the
                     same in accordance with law.
                                          For Petitioner    : Mr.P.Rajavelu
                                          For Respondent        : Mr.M.Mohamed Riyaz,
                                                                 Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.4217 of 2021



                                                        ORDER

This petition has been filed to direct the respondent Police to

conduct enquiry and to register a case based on the petitioner's complaints

dated 19.11.2018, 29.11.2018 & 10.12.2018, pending on the file of the first

respondent Police.

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

Government Advocate (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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4217 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.

03.03.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order rli

To

1. The Superintendent of Police, Dharmapuri District Police Office, Dharmapuri.

2. State rep. by The Inspector of Police, Gopinathampatti Koot Road Police Station, Pappireddipatti Taluk, Dharmapuri District.

3. The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4217 of 2021

rli

Crl.O.P.No.4217 of 2021

03.03.2021

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