M.Ebenezer vs The State Rep By
2021 Latest Caselaw 20848 Mad

                                                                                 Crl.O.P.No.18299 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 08.10.2021

                                                        CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                Crl.O.P.No.18299 of 2021

                     M.Ebenezer                                                      ... Petitioner

                                                           Versus
                     1. The State Rep by
                        Commissioner of Police,
                        Salem City,
                        Salem.

                     2. The Inspector of Police,
                        Sooramangalam Police Station,
                        Sooramangalam,
                        Salem.                                                    ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent police to
                     register the petitioner's complaint dated 20.06.2020 and file a FIR.
                                       For Petitioner  :        Mr.A.Ilayaperumal
                                       For Respondents :        Mr.R.Vinoth Raja,
                                                                Government Advocate (crl.side)
                                                            *****
                                                           ORDER

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18299 of 2021

register a case based on the petitioner's complaint dated 20.06.2020.

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

Government Advocate (crl.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

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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18299 of 2021

4.This Criminal Original Petition is disposed of accordingly.

08.10.2021 Index: Yes/No Internet: Yes/No

mpl

To

1. The Commissioner of Police, Salem City, Salem.

2. The Inspector of Police, Sooramangalam Police Station, Sooramangalam, Salem.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18299 of 2021

M.NIRMAL KUMAR, J.

mpl

CRL.O.P.No.18299 of 2021

08.10.2021

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