S.Aravindh Kumar vs State Rep. By
2021 Latest Caselaw 22299 Mad

                                                                                 Crl.O.P.No.20543 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 12.11.2021

                                                         CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                  Crl.O.P.No.20543 of 2021

                     S.Aravindh Kumar                                            ... Petitioner

                                                           Versus
                     State Rep. by
                     The Inspector of Police,
                     V5 Thirumanagalam Police Station,
                     Anna Nagar, Chennai - 600 101                               ... Respondent

                     PRAYER: Criminal Original Petition 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 22/01/2020 vide CSR
                     No.100/2020 and 21/9/2021 and investigate the matter.
                                       For Petitioner  :        Mr.D.Prasanna
                                       For Respondents :        Mr.R.Vinothraja,
                                                                Government Advocate (Crl.side)
                                                            *****
                                                           ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's complaint dated 22.01.2020 vide

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20543 of 2021

CSR.No.100 of 2020 and 21.09.2021.

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

Government Advocate (crl.side) 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

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.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20543 of 2021

4.This Criminal Original Petition is disposed of accordingly.

12.11.2021 Index: Yes/No Internet: Yes/No

dna/mpl

To

1.The Inspector of Police, V5 Thirumanagalam Police Station, Anna Nagar, Chennai - 600 101

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20543 of 2021

M.NIRMAL KUMAR, J.

dna/mpl

CRL.O.P.No.20543 of 2021

12.11.2021

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