Madras High Court
S. Madhupaiyan vs State Rep. By on 1 October, 2021
CRL.O.P.No.17524 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.17524 of 2021
S. Madhupaiyan
S/o.Sundharam ...Petitioner
Versus
1.State rep. By
The Superintendent of Police,
Tiruppur District,
Tiruppur.
2.The Deputy Superintendent of Police,
Kangeyam,
Tiruppur District.
3.The Inspector of Police,
Kankeyam Police Station,
Tiruppur District. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to pass an appropriate order or direction,
directing the 3rd respondent to register the FIR on the complaint of the
petitioner dated 27.07.2021 and investigate the same in accordance with
law.
Page No.1 of 5
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17524 of 2021
For Petitioner : Mr.M.Vijaya Ragavan
For Respondents : Mr.R.Vinothraja
Gov. Advocate (Crl.Side)
ORDER
(This case has been heard through video conference)
This petition has been filed to direct the 3rd respondent Police to
register a case based on the petitioner's complaint dated 27.07.2021
pending on the file of the 3rd 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
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17524 of 2021
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.
4.This Criminal Original Petition is disposed of accordingly.
01.10.2021
Index: Yes/No
Internet: Yes/No
rpp/nr
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17524 of 2021
To
1.The Superintendent of Police,
Tiruppur District,
Tiruppur.
2.The Deputy Superintendent of Police,
Kangeyam,
Tiruppur District.
3.The Inspector of Police,
Kankeyam Police Station,
Tiruppur District.
4.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17524 of 2021
M.NIRMAL KUMAR, J.
rpp/nr
CRL.O.P.No.17524 of 2021
01.10.2021
https://www.mhc.tn.gov.in/judis/
