Arumugam vs The Inspector Of Police
2021 Latest Caselaw 6111 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.4490 of 2021


                     Arumugam                                                ...Petitioner


                                                         .Vs.

                     The Inspector of Police,
                     Gingee Police Station,
                     Villupuram District.                                   ...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent Police to register the complaint based on the petitioner's complaint dt.30.01.2021 in C.S.R.No.134/2021.

For Petitioner : Mr.K.Balaganesh

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

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

This Criminal Original Petition has been filed to direct

the respondent to register the complaint based on the petitioner's

complaint dated 30.01.2021 in CSR No.134 of 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 https://www.mhc.tn.gov.in/judis/

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.

08.03.2021

Index : Yes/No Internet: Yes KP

To

1.The Inspector of Police, Gingee Police Station, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH. J., KP

CRL.O.P.No.4490 of 2021

08.03.2021

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