V.Prabhu vs State Rep By
2021 Latest Caselaw 20936 Mad

                                                            Crl.O.P.No.18481 of 2021


           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                             DATED : 20.10.2021

                                    CORAM:

                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                           Crl.O.P.No.18481 of 2021

V.Prabhu                                                    ... Petitioner

                                       Versus

State Rep by,
Sub Inspector of Police,
Vengal Police Station,
Thiruvallur District.                                       ... Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the respondent to conduct enquiry
on the complaint dated 01.09.2021 and direct the respondent to take
appropriate action against the offender with regarding to the complaint
pending before the respondent within the time limit that may be
stipulated by this Hon'ble court.
                  For Petitioner   :       Mr.D.Selvam
                  For Respondent   :       Mr.R.Vinoth Raja,
                                           Government Advocate (crl.side)

                                       *****




Page No.1 of 4
                                                           Crl.O.P.No.18481 of 2021


                                   ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's complaint dated 01.09.2021.

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

Government Advocate (crl.side) 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

Crl.O.P.No.18481 of 2021

directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

20.10.2021 Index: Yes/No Internet: Yes/No

mrp

To

1.The Sub Inspector of Police, Vengal Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.18481 of 2021

M.NIRMAL KUMAR, J.

mrp

CRL.O.P.No.18481 of 2021

20.10.2021