Masiriyathal vs The Commissioner Of Police
2021 Latest Caselaw 20236 Mad

                                                                             CRL.O.P.No.17698 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 01.10.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               CRL.O.P.No.17698 of 2021

                     Masiriyathal
                     W/o.K.P. Subramani(late)                                  ...Petitioner
                                                       Versus

                     1.The Commissioner of Police ,
                       Thirupur District,
                       Thirupur.

                     2.The Inspector of Police,
                       Velampalayam Police Station,
                       Thirupur District.                                      ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the second respondent to register
                     the petitioner's complaint dated 07.04.2021 in accordance with law.



                                      For Petitioner   :     Mr.M.Saravana Kumar

                                      For Respondents :      Mr.R.Vinothraja
                                                             Gov. Advocate (Crl.Side)


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                               CRL.O.P.No.17698 of 2021


                                                        ORDER

(This case has been heard through video conference)

This petition has been filed to direct the 2nd respondent Police to

register a case based on the petitioner's complaint dated 07.04.2021

pending on the file of the 2nd respondent Police.

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

Government Advocate (Criminal 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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17698 of 2021

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.

01.10.2021 Index: Yes/No Internet: Yes/No rpp/nr

To

1.The Commissioner of Police , Thirupur District, Thirupur.

2.The Inspector of Police, Velampalayam Police Station, Thirupur District.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17698 of 2021

M.NIRMAL KUMAR, J.

rpp/nr

CRL.O.P.No.17698 of 2021

01.10.2021

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