S. Thandayuthabani vs The State
2021 Latest Caselaw 22734 Mad

                                                                               Crl.O.P.No.21421 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 19.11.2021

                                                      CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               Crl.O.P.No.21421 of 2021

                     S. Thandayuthabani                                    ... Petitioner

                                                          Versus
                     1. The State
                        Represented by
                        The Inspector of Police,
                        Kodacherry Police Station,
                        Thiruvarur District,
                        Tamil Nadu.

                     2. The District Superintendent of Police,
                        The District Superintendent of Police Office,
                        Thiruvarur District.                                ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent police to register
                     F.I.R in pursuant to the CSR registered in No.168/2021 and to investigate
                     the case expeditiously and to take further action in accordance with law.

                                      For Petitioner  :       Mr.S. Thiruvengadam
                                      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.21421 of 2021




                                                          ORDER

This petition has been filed seeking direction to the respondent

police to register F.I.R in pursuant to the CSR registered in No.168/2021

and to investigate the case expeditiously and to take further action in

accordance with law.

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

Government Advocate (crl.side) appearing on behalf of the respondents.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21421 of 2021

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.

19.11.2021 Index: Yes/No Internet: Yes/No

arr/shk

To

1. The State Represented by The Inspector of Police, Kodacherry Police Station, Thiruvarur District, Tamil Nadu.

2. The District Superintendent of Police, The District Superintendent of Police Office, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21421 of 2021

M.NIRMAL KUMAR, J.

arr/shk

CRL.O.P.No.21421 of 2021

19.11.2021

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