L.Paramasivam vs The Superintendent Of Police
2021 Latest Caselaw 22556 Mad

                                                                        CRL.O.P.No.20618 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.20618 of 2021

                     L.Paramasivam                                        ... Petitioner

                                                        Versus

                     1. The Superintendent of Police,
                        SP Office, Namakkal,
                        Namakkal District - 637 401.

                     2. The Deputy Superintendent of Police,
                        DSP Office, Rasipuram,
                        Namakkal District - 637 505.

                     3. The Inspector of Police,
                        Rasipuram Police Station,
                        Rasipuram, Namakkal - 637 408.                    ... Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to issue a direction directing the third
                     respondent herein to register the FIR based on complaint dated
                     04.10.2021, to investigate into the same.




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                   CRL.O.P.No.20618 of 2021


                                        For Petitioner     : Mr.V.Ramanareddy

                                        For Respondents : Mr.R.Vinothraja
                                                          Government Advocate [Crl. Side]
                                                         *****

                                                           ORDER

This Criminal Original Petition has been filed to direct the third

respondent herein to register the FIR based on complaint dated

04.10.2021, to investigate into the same.

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

Government Advocate appearing on behalf of the respondents.

3. This petition is not maintainable, in view of the Order passed by

the 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

https://www.mhc.tn.gov.in/judis CRL.O.P.No.20618 of 2021

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.

                                                                                           17.11.2021

                     Index              : Yes/No
                     Internet           : Yes/No
                     rgi

https://www.mhc.tn.gov.in/judis CRL.O.P.No.20618 of 2021

To

1. The Superintendent of Police, SP Office, Namakkal, Namakkal District - 637 401.

2. The Deputy Superintendent of Police, DSP Office, Rasipuram, Namakkal District - 637 505.

3. The Inspector of Police, Rasipuram Police Station, Rasipuram, Namakkal - 637 408.

4.The Public Prosecutor High Court, Madras.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.20618 of 2021

M.NIRMAL KUMAR, J.

rgi

CRL.O.P.No.20618 of 2021

17.11.2021

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