P.Chandrabose vs The State Rep.By
2021 Latest Caselaw 22150 Mad

                                                                             Crl.O.P.No.20458 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.20458 of 2021

                     P.Chandrabose                                            ... Petitioner

                                                         Versus

                     The State Rep.by
                     The Inspector of Police
                     District Crime Branch
                     Tiruppur
                     Tiruppur District.                                     ... Respondent



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent to register the
                     First Information Report based on the complaint given by the
                     petitioner on 24.09.2021 to the respondent.


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

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.20458 of 2021




                                                        ORDER

This petition has been filed to direct the respondent to

register the First Information Report based on the complaint given

by the petitioner on 24.09.2021 to the respondent.

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

registration of FIR in exercise of its jurisdiction under Section 482

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20458 of 2021

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 District Crime Branch Tiruppur Tiruppur District.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20458 of 2021

M.NIRMAL KUMAR, J.

dna

CRL.O.P.No.20458 of 2021

10.11.2021

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