Venkatesan vs State Rep. By Inspector Of Police
2021 Latest Caselaw 20465 Mad

                                                                                 Crl.O.P.No.18093 of 2021


                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 05.10.2021

                                                         CORAM:

                                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                 Crl.O.P.No.18093 of 2021

                      Venkatesan
                      S/o. Annamalai                                              ... Petitioner

                                                            Versus

                      State rep. by Inspector of Police,
                      H-2, Guduvancherry Police Station,
                      Chengalpet District.                                        ... Respondent


                      PRAYER: Criminal Original Petition filed under Section 482 of the Code
                      of Criminal Procedure, to direct the respondent police to register a case
                      based on the complaint given by the petitioner on 28.07.2021 to the
                      respondent police.


                                       For Petitioner   :       M/S.Saravanan @ Sathish

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




                      Page No.1 of 4


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                                                                                 Crl.O.P.No.18093 of 2021




                                                         ORDER

This petition has been filed to direct the respondent police to

register a case based on the complaint given by the petitioner on

28.07.2021 to the respondent police.

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

Government Advocate appearing on behalf of the respondent.

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

held that the informant has to necessarily avail of the alternative remedy

http://www.judis.nic.in Crl.O.P.No.18093 of 2021

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.

05.10.2021 Index: Yes/No Internet: Yes/No

sp/rpp

To

1.The Inspector of Police, H-2, Guduvancherry Police Station, Chengalpet District.

2.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in Crl.O.P.No.18093 of 2021

M.NIRMAL KUMAR, J.

sp/rpp

CRL.O.P.No.18093 of 2021

05.10.2021

http://www.judis.nic.in