P.Abusali vs The State Rep By
2021 Latest Caselaw 21884 Mad

                                                                              Crl.O.P.No.20083 of 2021


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 01.11.2021

                                                       CORAM:

                                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                              Crl.O.P.No.20083 of 2021

                      P.Abusali                                 ...             Petitioner

                                                         Versus

                      1. The State rep by
                         The Superintendent of Police,
                         Office of Superintendent of Police,
                         Kallakurichi District, Kallakurichi.

                      2. The Deputy Superintendent of Police,
                         Kallakurichi.

                      3. Inspector of Police,
                        Kallakurichi Police Station,
                        Kallakurichi District.                  ...             Respondents

                      PRAYER: Criminal Original Petition has been filed under Section 482 of
                      the Code of Criminal Procedure, to direct the third respondent to register
                      the petitioner's complaint dated 08.09.2021 registered as C.S.R.No.758 of
                      2021 and expedite the investigation within the stipulated time.




                      Page No.1 of 4


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                                                                                  Crl.O.P.No.20083 of 2021


                                       For Petitioner    :      Mr.M.Govindaraju

                                       For Respondents :        Mr.R.Vinothraja
                                                                Government Advocate (Crl. side)


                                                          ORDER

This petition has been filed to direct the third respondent to register

the petitioner's complaint dated 08.09.2021 registered as C.S.R.No.758 of

2021 and expedite the investigation within the stipulated time.

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 issue any direction for registration of FIR in exercise of its

http://www.judis.nic.in Crl.O.P.No.20083 of 2021

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.

4.This Criminal Original Petition is disposed of accordingly.

                      Index: Yes/No
                      Internet: Yes/No                                            01.11.2021
                      drm/sms
                      To
                      1. The Superintendent of Police,

Office of Superintendent of Police, Kallakurichi District, Kallakurichi.

2. The Deputy Superintendent of Police, Kallakurichi.

3. Inspector of Police, Kallakurichi Police Station, Kallakurichi District.

4. The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in Crl.O.P.No.20083 of 2021

M.NIRMAL KUMAR, J.

drm/sms

CRL.O.P.No.20083 of 2021

01.11.2021

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