Nehru vs The Superintendent Of Police
2021 Latest Caselaw 22749 Mad

                                                                                     Crl.O.P.No.21453 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.21453 of 2021

                     Nehru                                                       ... Petitioner

                                                             Versus
                     1. The Superintendent of Police
                        Salem District,
                        Salem.

                     2. The Inspector of Police
                        Gengavalli Police Station
                        Salem District                                            ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct respondent to Register the
                     petitioner's complaint dated on 05.10.2021 and investigate the matter in
                     accordance with the law.
                                        For Petitioner  :       Mr.P.Dasarathan
                                        For Respondents :       Mr.R.Vinothraja
                                                               Government Advocate(crl.side)
                                                            *****
                                                           ORDER

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21453 of 2021

petitioner's complaint dated on 05.10.2021 and investigate the matter in

accordance with the 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

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.21453 of 2021

4.This Criminal Original Petition is disposed of accordingly.

19.11.2021 Index: Yes/No Internet: Yes/No

arr/shk

To

1. The Superintendent of Police Salem District, Salem.

2. The Inspector of Police Gengavalli Police Station Salem District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21453 of 2021

M.NIRMAL KUMAR, J.

arr/shk

CRL.O.P.No.21453 of 2021

19.11.2021

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