Saravanan vs The Superintendent Of Police
2021 Latest Caselaw 22457 Mad

                                                                            Crl.O.P.No.20669 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.20669 of 2021

                     Saravanan                                               ... Petitioner
                                                         Versus

                     1. The Superintendent of Police,
                        Namakkal District.
                        Namakkal.

                     2. The Inspector of Police,
                        District Crime Branch,
                        Namakkal District.                                 ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the second respondent to
                     register the petitioner's complaint dated 05.10.2021 and investigate
                     the same in accordance with the law.


                                      For Petitioner :      Mr. M. Subash
                                      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.20669 of 2021




                                                        ORDER

This petition has been filed to direct the second

respondent to register the petitioner's complaint dated 05.10.2021

and investigate the same in accordance with the law.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20669 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.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20669 of 2021

M.NIRMAL KUMAR, J.

dna/rgi

To

1. The Superintendent of Police, Namakkal District.

Namakkal.

2. The Inspector of Police, District Crime Branch, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.20669 of 2021

16.11.2021

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