R.Ponnusamy vs The State Rep By
2021 Latest Caselaw 21888 Mad

                                                                                Crl.O.P.No.20036 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.20036 of 2021

                      R.Ponnusamy                               ...               Petitioner

                                                            Versus

                      The State rep by
                      The Inspector of Police (L&O),
                      Kovil Palayam Police Station,
                      141, Thudiyalur Road,
                      Coimbatore District- 641 107.             ...               Respondent

                      PRAYER: Criminal Original Petition has been filed under Section 482 of
                      the Code of Criminal Procedure, to direct the respondent police to register
                      the FIR based on the petitioner's complaint dated 25.06.2017 in
                      C.S.R.No.191 of 2017 made to the respondent police on merits in
                      accordance with law.

                                       For Petitioner   :       Mr.R.Krishnamurthy

                                       For Respondent   :       Mr.R.Vinoth Raja
                                                                Government Advocate (Crl. side)




                      Page No.1 of 4


http://www.judis.nic.in
                                                                               Crl.O.P.No.20036 of 2021


                                                        ORDER

This petition has been filed to direct the respondent police to

register the FIR based on the petitioner's complaint dated 25.06.2017 in

C.S.R.No.191 of 2017 made to the respondent police on merits in

accordance with law.

2.Heard the learned counsel for the petitioner and the learned

Government Advocate 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

http://www.judis.nic.in Crl.O.P.No.20036 of 2021

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 Inspector of Police (L&O),
                        Kovil Palayam Police Station,
                        141, Thudiyalur Road,
                        Coimbatore District- 641 107.

                      2. The Public Prosecutor,
                         High Court, Madras.







http://www.judis.nic.in
                                               Crl.O.P.No.20036 of 2021


                                        M.NIRMAL KUMAR, J.

                                                           drm/sms




                                       CRL.O.P.No.20036 of 2021




                                                        01.11.2021







http://www.judis.nic.in