Perumi vs The State Rep. By
2021 Latest Caselaw 23202 Mad

                                                                              Crl.O.P.No.21656 of 2021


                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 26.11.2021

                                                       CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               Crl.O.P.No.21656 of 2021

                     Perumi                                                      ... Petitioner

                                                           Versus

                     1.The State Rep. by
                       The Deputy Superintendent of Police,
                       District Crime Branch,
                       Dharmapuri,
                       Dharmapuri District.

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

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent to register a
                     case based on the petitioner's complaint dated 20.09.2021.
                                      For Petitioner   :       Mr.E.Kannadasan

                                      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.21656 of 2021




                                                        ORDER

This petition has been filed to direct the second

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

dated 20.09.2021.

2. Heard the learned counsel for the petitioner and the

learned Government Advocate (Crl. Side) 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21656 of 2021

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.

4. This Criminal Original Petition is disposed of

accordingly.

26.11.2021 Index: Yes/No Internet: Yes/No dna

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21656 of 2021

M.NIRMAL KUMAR, J.

dna

To

1.The Deputy Superintendent of Police, District Crime Branch, Dharmapuri, Dharmapuri District.

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

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.21656 of 2021

26.11.2021

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