S.Muthu Kannan vs The Inspector Of Police
2021 Latest Caselaw 6076 Mad

                                                             1

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 08.03.2021

                                                      CORAM

                          THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                             CRL.O.P.No.4535 of 2021


                      S.Muthu Kannan                                                ...Petitioner


                                                          .Vs.


                      The Inspector of Police,
                      J-5, Sastry Nagar Police Station,
                      Besant Nagar,
                      Chennai 600 090.                                            ...Respondent




                      PRAYER: Criminal Original Petition filed under Section 482 of the Code
                      of Criminal Procedure, to direct the respondent to take action against the
                      accused Mr.E.Nagaraj to conduct the enquiry and investigate the same
                      according to law.



                                   For Petitioner     : Mr.K.Gajendiran

                                   For Respondents : Mr.M.Mohamed Riyaz
                                                     Additional Public Prosecutor


http://www.judis.nic.in
                                                          2


                                                   ORDER

This Criminal Original Petition has been filed to direct the

respondent to take action against the accused Mr.E.Nagaraj, based on

the petitioner's complaint dated 21.02.2021.

2.Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor 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

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 http://www.judis.nic.in

order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

08.03.2021

Index : Yes/No Internet: Yes KP

To

1.The Inspector of Police, J-5, Sastry Nagar Police Station, Besant Nagar, Chennai 600 090.

2.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in

N.ANAND VENKATESH. J.,

KP

CRL.O.P.No.4535 of 2021

08.03.2021

http://www.judis.nic.in