M.Pandiyan vs The Superintendent Of Police
2021 Latest Caselaw 22453 Mad

                                                                            Crl.O.P.No.20825 of 2021


                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 16.11.2021

                                                    CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                             Crl.O.P.No.20825 of 2021

                     M.Pandiyan                                              ... Petitioner

                                                         Versus

                     1. The Superintendent of Police,
                        Chengalpet District.

                     2. The Inspector of Police,
                        Kelampakkam Police Station,
                        Chengalpet District.                               ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the second respondent police
                     to register the FIR against the accused on the basis of the petitioner's
                     complaint dated 18.12.2020 in time bound manner.


                                      For Petitioner :      Mr.R. Karunagaran
                                      For Respondent :      Mr.R.Vinothraja
                                                           Government Advocate (Crl.Side)

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.20825 of 2021




                                                        ORDER

This petition has been filed to direct the second

respondent police to register the First Information Report against the

accused on the basis of the petitioner's complaint dated 18.12.2020

in time bound manner.

2. Heard the learned counsel for the petitioner and the

learned Government Advocate (Crl.Side) 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20825 of 2021

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.

4. This Criminal Original Petition is disposed of

accordingly.

16.11.2021 Index: Yes/No Internet: Yes/No dna/rgi

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20825 of 2021

M.NIRMAL KUMAR, J.

dna/rgi

To

1. The Superintendent of Police, Chengalpet District.

2. The Inspector of Police, Kelampakkam Police Station, Chengalpet District.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.20825 of 2021

16.11.2021

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