M.Surya Narayanan vs The Inspector Of Police
2021 Latest Caselaw 22456 Mad

                                                                                  Crl.O.P.No.20892 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.20892 of 2021

                     M.Surya Narayanan                                             ... Petitioner

                                                           Versus

                     The Inspector of Police,
                     J -13, Police Station,
                     Chennai - 600 113.                                          ... Respondent


                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the respondent to register the

                     complaint dated 25.08.2021 given by the petitioner.



                                      For Petitioner   :       Mr.P. Vijendran

                                      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.20892 of 2021


                                                        ORDER

This petition has been filed to direct the respondent to

register the complaint dated 25.08.2021 given by the petitioner.

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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20892 of 2021

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

To

1.The Inspector of Police, J -13, Police Station, Chennai - 600 113.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20892 of 2021

M.NIRMAL KUMAR, J.

dna/rgi

CRL.O.P.No.20892 of 2021

16.11.2021

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