Bhakthavatchalam vs The Inspector Of Police
2021 Latest Caselaw 22149 Mad

                                                                             Crl.O.P.No.20579 of 2021


                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 10.11.2021

                                                    CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                             Crl.O.P.No.20579 of 2021
                     Bhakthavatchalam                                         ... Petitioner

                                                         Versus

                     The Inspector of Police
                     Natrampalli Police Station
                     Thirupathur District.
                     (CSR.No.680 of 2021)                                   ... Respondent


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to issue suitable direction to the
                     respondent police herein viz., the Inspector of Police, Natrampalli
                     Police Station, Thirupathur District to register the case on the
                     petitioner's complaint dated 24.10.2021 and file a final report in
                     accordance with law.


                                      For Petitioner :       Mr.S.Sasikumar
                                      For Respondent :       Mr.A.Damodaran
                                                             Additional Public Prosecutor

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.No.20579 of 2021


                                                        ORDER

This petition has been filed to to issue suitable direction

to the respondent police herein viz., the Inspector of Police,

Natrampalli Police Station, Thirupathur District to register the case

on the petitioner's complaint dated 24.10.2021 and file a final report

in accordance with law.

2. Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20579 of 2021

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 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.

10.11.2021 Index: Yes/No Internet: Yes/No dna

To

1.The Inspector of Police Natrampalli Police Station Thirupathur District.

(CSR.No.680 of 2021)

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20579 of 2021

M.NIRMAL KUMAR, J.

dna

CRL.O.P.No.20579 of 2021

10.11.2021

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