A.Sreekanth vs The Superintendent Of Police
2021 Latest Caselaw 22549 Mad

                                                                                  Crl.O.P.No.18514 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 17.11.2021

                                                        CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                Crl.O.P.No. 18514 of 2021


                     A.Sreekanth                                            ... Petitioner

                                                            Versus
                     The Superintendent of Police
                     CBCID,
                     Police Headquarters Office,
                     Beach Road,
                     Pondicherry                                            ... Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent to register the F.I.R
                     based on complaint of the Petitioner dated 22.07.2021 Under Section
                     120(B), 406, 409, 417, 418, 419, 420, 421, 423, 424, 465, 466, 467, 468,
                     471, 477 of IPC.
                                      For Petitioner    :       Mr.S.Raveekumar

                                      For Respondent    :       Mr.L.V.Balamurugan
                                                                Public Prosecutor (Pondicherry)

                                                            *****



                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                    Crl.O.P.No.18514 of 2021


                                                          ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 22.07.2021.

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

Public Prosecutor 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.18514 of 2021

directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

17.11.2021 Index: Yes/No Internet: Yes/No

arr

To

1. The Superintendent of Police CBCID, Police Headquarters Office, Beach Road, Pondicherry

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.18514 of 2021

M.NIRMAL KUMAR, J.

arr

CRL.O.P.No. 18514 of 2021

17.11.2021

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