G.Periyannan vs The State Rep. By
2021 Latest Caselaw 20938 Mad

                                                       Crl.O.P.No.18701 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.18701 of 2021

G.Periyannan                                            ... Petitioner

                                  Versus

1.The State Rep. by
  The Superintendent of Police
  Krishnagiri District
  Krishnagiri

2.The State Rep. by
  The Deputy Superintendent of Police
  Krishnagiri District
  Krishnagiri

3.The State Rep. by
  The Inspector of Police
  K.R.P. Dam Police Station
  Krishnagiri District.                                 ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the 3rd Respondent to register the
case based on the petitioner's complaint dated 27-09-2021 against the
above said persons.

Page No.1 of 4
                                                           Crl.O.P.No.18701 of 2021


                 For Petitioner  :      Mr.M.Gouthaman
                 For Respondents :      Mr.R.Vinothraja,
                                        Government Advocate (crl.side)

                                     *****

                                     ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 27.09.2021.

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

Crl.O.P.No.18701 of 2021

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.

20.10.2021 Index: Yes/No Internet: Yes/No

mrp

To

1.The Superintendent of Police Krishnagiri District Krishnagiri

2.The Deputy Superintendent of Police, Krishnagiri District Krishnagiri

3.The Inspector of Police K.R.P. Dam Police Station Krishnagiri District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.18701 of 2021

M.NIRMAL KUMAR, J.

mrp

CRL.O.P.No.18701 of 2021

20.10.2021