Gunasekaran vs The Superintendent Of Police
2021 Latest Caselaw 20469 Mad

                                                                        CRL.O.P.No.15733 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.15733 of 2021

                     Gunasekaran,
                     S/o. Late Jayavel Achari                              ... Petitioner

                                                        Versus


                     1. The Superintendent of Police,
                        Chengalpattu,
                        Chengalpattu Dt.

                     2. The Deputy Superintendent of Police,
                        Mathuranthagam,
                        Chengalpattu Dt.

                     3. The Inspector of Police,
                        Chithamoor Police Station,
                        Chengalpattu Dt.                                   ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the 2nd respondent police to

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                   CRL.O.P.No.15733 of 2021


                     register case based on the petitioner's complaint dated 10.08.2021 and to

                     proceed further in accordance with law.

                                        For Petitioner     :      Mr.R.Sasikumar

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

                                                            ORDER

(This case has been heard through video conference)

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

register a case based on the petitioner's complaint dated 10.08.2021

pending on the file of the 2nd respondent Police.

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

Additional Public Prosecutor 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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.15733 of 2021

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 rpp/sp To

1. The Superintendent of Police, Chengalpattu, Chengalpattu Dt.

2. The Deputy Superintendent of Police, Mathuranthagam, Chengalpattu Dt.

3. The Inspector of Police, Chithamoor Police Station, Chengalpattu Dt.

4. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.15733 of 2021

M.NIRMAL KUMAR, J.

rpp/sp

CRL.O.P.No.15733 of 2021

05.10.2021

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