Madras High Court
G.Muthukumaran vs The Superintendent Of Police on 4 October, 2021
CRL.O.P.No.17706 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.17706 of 2021
G.Muthukumaran ....Petitioner
Versus
1.The Superintendent of Police,
Chengelput.
2.The Deputy Superintendent of Police
Chengelput.
3.The Inspector of Police,
Palur Police Station,
Palur, Chengelput District. ..Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the respondents herein to register
the complaint and take action based on the C.S.R.No. 47 of 2021 dated
02.02.2021 issued by the 3rd respondent and the representation of the
petitioner to the 1st and 2nd respondents herein within the time frame fixed
by this Hon'ble Court.
Page No.1 of 5
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17706 of 2021
For Petitioner : Mr.R.Thenamirtha Shyamala
For Respondents : Mr.R.Vinothraja
Govt. Advocate (Crl.Side)
ORDER
This petition has been filed to direct the respondents herein to
register the complaint and take action based on the C.S.R.No. 47 of 2021
dated 02.02.2021 issued by the 3rd respondent and the representation of
the petitioner to the 1st and 2nd respondents herein within the time frame
fixed by this Hon'ble Court.
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.17706 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.
04.10.2021
Index: Yes/No
Internet: Yes/No
nr/sms
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17706 of 2021
To
1.The Superintendent of Police,
Chengelput.
2.The Deputy Superintendent of Police
Chengelput.
3.The Inspector of Police,
Palur Police Station,
Palur, Chengelput District.
4. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17706 of 2021
M.NIRMAL KUMAR, J.
nr/sms
CRL.O.P.No.17706 of 2021
04.10.2021
https://www.mhc.tn.gov.in/judis/
