J.P.Krishnaprasad vs State : The Superintendent Of ...
2021 Latest Caselaw 5792 Mad

                                                               1                  Crl.O.P.No.4338 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 04.03.2021

                                                         CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                               Crl.O.P No.4338 of 2021

                     J.P.Krishnaprasad                                        .. Petitioner

                                                           Vs.

                     1. State : The Superintendent of Police,
                        Krishnagiri District,
                        Krishnagiri.

                     2. State : The Inspector of Police,
                        Hosur Town Police Station,
                        Krishnagiri District.                                 .. Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the second respondent to

                     register       F.I.R   based   on   the       petitioner's    complaint      dated

                     07.11.2020 in C.S.R.No.103 of 2020 on the file of the second

                     respondent and to investigate the case properly according to law.




https://www.mhc.tn.gov.in/judis/
                                                          2             Crl.O.P.No.4338 of 2021



                                    For Petitioner   : Mr.M.P.Saravanan

                                    For Respondents : Mr.C.Raghavan
                                                      Government Advocate


                                                      ORDER

This petition has been filed to direct the respondent Police

to register a case based on the petitioner complaint dated

07.11.2020 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

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

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 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.

                                                                                 04.03.2021
                     Index          : Yes/No
                     Internet       : Yes/No
                     rka

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

N. ANAND VENKATESH, J.

rka

To

1. State : The Superintendent of Police, Krishnagiri District, Krishnagiri.

2. State : The Inspector of Police, Hosur Town Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P No.4338 of 2021

04.03.2021

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