M. Jayavel vs The District Superintendent Of ...
2021 Latest Caselaw 22564 Mad

                                                                            Crl.O.P.No.21123 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 17.11.2021

                                                        CORAM

                             THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                                Crl.O.P.No.21123 of 2021

                     M. Jayavel                                                  ... Petitioner

                                                          Vs.

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

                     2. The Inspector of Police,
                        Mathikonpalayam Police Station,
                        Dharmapuri,
                        Dharmapuri District.                                   ... Respondents

                     PRAYER: Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent to register the case
                     based on the petitioner's complaint dated 29.08.2021 in CSR No. 358 of
                     2021 and to file a FIR.


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

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.21123 of 2021



                                                           ORDER

This Criminal Original Petition has been filed to direct the

respondent to register the case based on the petitioner's complaint dated

29.08.2021 in CSR No. 358 of 2021 and to file a FIR.

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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21123 of 2021

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


                     To

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

2. The Inspector of Police, Mathikonpalayam Police Station, Dharmapuri, Dharmapuri District.

3.The Public Prosecutor High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21123 of 2021

M.NIRMAL KUMAR, J.

rgi

CRL.O.P.No.21123 of 2021

17.11.2021

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