N.Raja vs The Superintendent Of Police
2021 Latest Caselaw 20362 Mad

                                                                             CRL.O.P.No.17811 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.17811 of 2021

                     N.Raja                                                     ... Petitioner

                                                       Versus

                     1.The Superintendent of Police
                       Salem District
                       Salem.

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



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent to register the
                     complaint based on the petitioner complaint dated on 03.09.2021 and
                     investigate matter in accordance with law.

                                      For Petitioner   :     Mr.A.C.Narasimhan

                                      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.17811 of 2021




                                                         ORDER

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

the complaint based on the petitioner complaint dated on 03.09.2021 and

investigate matter 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.17811 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 Superintendent of Police Salem District Salem.

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

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17811 of 2021

M.NIRMAL KUMAR, J.

nr/sms

CRL.O.P.No.17811 of 2021

04.10.2021

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