M.Syed Raguman vs The Commissioner Of Police
2021 Latest Caselaw 20357 Mad

                                                                             CRL.O.P.No.17808 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 04.10.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               CRL.O.P.No.17808 of 2021

                     M.Syed Raguman                                            ....Petitioner

                                                       Versus

                     1.The Commissioner of Police,
                       Salem City,
                       Line Medu,
                       Salem-636 006.

                     2.The Inspector of Police,
                       Central Crime Division,
                       Salem District.                                         .. Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to issue direction directing              the 2nd
                     respondent to register a case on the petitioner's complaint dated
                     09.08.2021 and proceed with investigation in accordance with law.

                                      For Petitioner   :     Mr.R.Marudhachalamurthy

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

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                               CRL.O.P.No.17808 of 2021




                                                        ORDER

This petition has been filed to issue direction directing the 2nd

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

09.08.2021 and proceed with investigation in accordance with law.

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17808 of 2021

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.

04.10.2021 Index: Yes/No Internet: Yes/No nr/sms

To

1.The Commissioner of Police, Salem City, Line Medu, Salem-636 006.

2.The Inspector of Police, Central Crime Division, Salem District.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17808 of 2021

M.NIRMAL KUMAR, J.

nr/sms

CRL.O.P.No.17808 of 2021

04.10.2021

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