A.Sethu vs State Rep. By
2021 Latest Caselaw 20468 Mad

                                                                                 CRL.O.P.No.15587 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.15587 of 2021

                      A.Sethu                                                      ... Petitioner
                                                         Versus
                      State rep. by
                      The Inspector of Police,
                      Azhagapuram Police Station,
                      Salem - 636 016.                                      ... Respondent
                      PRAYER: Criminal Original Petition filed under Section 482 of the Code
                      of Criminal Procedure, to direct the respondent to register the FIR against
                      the M/s. Leena Gandhi and Manoj Kumar based on the petitioner's
                      complaint dated 07.08.2021.
                                       For Petitioner    :       M/S.B.Manimaran
                                       For Respondent    :       Mr.R.Vinothraja
                                                                 Gov. Advocate (Crl.Side)
                                                             *****

                                                        ORDER

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

FIR against the M/s. Leena Gandhi and Manoj Kumar based on the

petitioner's complaint dated 07.08.2021.

http://www.judis.nic.in CRL.O.P.No.15587 of 2021

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

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

http://www.judis.nic.in CRL.O.P.No.15587 of 2021

To

1.The Inspector of Police, Azhagapuram Police Station, Salem - 636 016

2.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in CRL.O.P.No.15587 of 2021

M.NIRMAL KUMAR, J.

sp/rpp

CRL.O.P.No.15587 of 2021

05.10.2021

http://www.judis.nic.in