T.S.Arivagam vs The State Rep. By
2021 Latest Caselaw 6424 Mad

                                                                                   Crl.O.P.No.4773 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED     10.03.2021

                                                         CORAM

                               THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.4773 of 2021


                T.S.Arivagam                                                               .. Petitioner

                                                           Vs.

                1. The State Rep. by
                   The Commissioner of Police,
                   Greater Chennai,
                   EVK Sampath Road, Vepery,
                   Chennai – 9.

                2. The Inspector of Police,
                   Pallikaranai Police Station,
                   Chennai.                                                          .. Respondents


                Prayer: Criminal Original Petition is filed under Section 482 of Criminal

                Procedure Code, to direct the 2nd respondent to Register FIR based on the

                petitioner's compliant dated on 04.11.2020.



                                        For Petitioner    : Mr.S.Sucendran

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




                                                         Page 1 of 4

https://www.mhc.tn.gov.in/judis/
                                                                                Crl.O.P.No.4773 of 2021



                                                    ORDER

This petition has been filed to direct the 2nd respondent to Register

FIR based on the petitioner's compliant dated on 04.11.2020.

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 her remedy as per the directions issued by the

Division Bench in the order referred supra.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4773 of 2021

This Criminal Original Petition is disposed of accordingly.

10.03.2021

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

To

1. The Commissioner of Police, Greater Chennai, EVK Sampath Road, Vepery, Chennai – 9.

2. The Inspector of Police, Pallikaranai Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4773 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.4773 of 2021

10.03.2021

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