R.Sitheswaran @ Sithaian vs The Superintendent Of Police
2021 Latest Caselaw 21967 Mad

                                                       CRL.O.P.No.20269 of 2021


         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                              DATED : 02.11.2021

                                  CORAM:

           THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                          CRL.O.P.No.20269 of 2021

R.Sitheswaran @ Sithaian                                 ... Petitioner

                                    Versus

1.The Superintendent of Police,
  Erode District,
  Erode.

2.The Inspector of Police,
  District Crime Branch Erode,
  Erode District.                                        ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the second respondent to register
the First Information Report on the basis of the complaint given by the
petitioner dated 06.10.2021 and investigate the matter in accordance with
law.
                 For Petitioner   : Mr.M.Vignesh

                 For Respondents : Mr.R.Vinothraja
                                   Government Advocate [Crl. Side]
                                  *****


Page No.1 of 4
                                                         CRL.O.P.No.20269 of 2021


                                 ORDER

This petition has been filed to direct the second respondent to

register the First Information Report on the basis of the complaint given

by the petitioner dated 06.10.2021 and investigate the matter in

accordance with law.

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

the 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

CRL.O.P.No.20269 of 2021

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.

                                                                  02.11.2021

Index            : Yes/No
Internet         : Yes/No
ah

To

1.The Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, District Crime Branch Erode, Erode District.

3.The Public Prosecutor High Court, Madras.

CRL.O.P.No.20269 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.20269 of 2021

02.11.2021