S.Muthuraj vs The Superintendent Of Police
2021 Latest Caselaw 5664 Mad

                                                                                     Crl.O.P.No.4144 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.4144 of 2021
                      S.Muthuraj                                                .. Petitioner

                                                                Vs.
                      1. The Superintendent of Police,
                      Thiruvallur District.

                      2. The Deputy Superintendent of Police,
                      Tiruttani Police Range,
                      Tiruttani Thiruvallur district.

                      3. The Inspector of Police,
                      Tiruttani Police Station,
                      Tiruttani.                                              .. Respondents

                      Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                      Procedure Code, directing the respondents Police to register the case based
                      on the complaint of the petitioner dated 03.02.2021, investigate the same
                      and file the final report before the appropriate court within the reasonable
                      time limit fixed by this Court.
                                          For Petitioner        : Mr.V.Logeshwaren
                                          For Respondents : Mr.M.Mohamed Riyaz
                                                            Additional Public Prosecutor


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                                                                                    Crl.O.P.No.4144 of 2021

                                                     ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's complaint dated 03.02.2021,

pending on the file of the first respondent Police.

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

Additional Public Prosecutor 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 to the

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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

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To

1. The Superintendent of Police, Thiruvallur District.

2. The Deputy Superintendent of Police, Tiruttani Police Range, Tiruttani Thiruvallur district.

3. The Inspector of Police, Tiruttani Police Station, Tiruttani.

4. The Public Prosecutor, High Court, Madras.

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N. ANAND VENKATESH,J

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Crl.O.P.No.4144 of 2021

03.03.2021

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