G.Iniyan vs State Rep. By
2021 Latest Caselaw 20707 Mad

                                                                                  Crl.O.P.No.18107 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 07.10.2021

                                                        CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                 Crl.O.P.No.18107 of 2021

                     G.Iniyan                                               ... Petitioner

                                                            Versus
                     1. State rep. by:-
                       The Commissioner of Police,
                       Greater Chennai Police,
                       Chennai - 600 007.

                     2.The State by
                       The Inspector of Police,
                       G1 Vepery Police station,
                       Chennai.                                             ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent police to
                     register the FIR and take necessary action and investigate the matter
                     properly based on the petitioner's complaint dated 01.05.2021.
                                      For Petitioner    :       Mr.C.Ganesh Pandian

                                      For Respondents :         Mr.R.Vinothraja
                                                                Government Advocate(Crl.side)

                                                        *****

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.18107 of 2021




                                                        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 01.05.2021

pending on the file of the 2nd respondent Police.

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

Government Advocate 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

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18107 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.

07.10.2021 Index: Yes/No Internet: Yes/No

rpp

To

1.The Commissioner of Police, Greater Chennai, Chennai - 600 007.

2.The Inspector of Police, G1 Vepery Police station, Chennai.

3. The Public Prosecutor, High Court, Madras,

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18107 of 2021

M.NIRMAL KUMAR, J.

rpp

CRL.O.P.No.18107 of 2021

07.10.2021

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