Syed Musthafa vs The Special Sub Inspector Of ...
2021 Latest Caselaw 22655 Mad

                                                                                     Crl.O.P.No.21214 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 18.11.2021

                                                           CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                   Crl.O.P.No.21214 of 2021
                     Syed Musthafa                                             ... Petitioner

                                                      Versus
                     The Special Sub Inspector of Police,
                     Kuniyamuthur Police Station,
                     Coimbatore City,Coimbatore.                               ... Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondent to complete the enquiry
                     and register the FIR on the complaint given by the petitioner dated
                     18.09.2021 in CSR No.486/2021.

                                        For Petitioner      :     Mr.S.Venkatesh

                                        For Respondent      :     Mr.R.Vinothraja
                                                                  Government Advocate (Crl. Side)

                                                            ORDER

This petition has been filed to direct the respondent to complete the

enquiry and register the FIR on the complaint given by the petitioner

dated 18.09.2021 in CSR No.486/2021.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21214 of 2021

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

Government Advocate (Crl. Side) 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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21214 of 2021

4.This Criminal Original Petition is disposed of accordingly.

18.11.2021 Index: Yes/No Internet: Yes/No

drm/sms

To

1.The Special Sub Inspector of Police, Kuniyamuthur Police Station, Coimbatore City,Coimbatore.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21214 of 2021

M.NIRMAL KUMAR, J.

drm/sms

CRL.O.P.No.21214 of 2021

18.11.2021

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