S.Kannan vs The State Rep. By
2021 Latest Caselaw 21045 Mad

                                                       CRL.O.P.No.18901 of 2021


         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                              DATED : 21.10.2021

                                  CORAM:

           THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                          CRL.O.P.No.18901 of 2021

S.Kannan                                                 ... Petitioner

                                    Versus

The State Rep. by
The Sub-Inspector of Police,
Naduveerapattu Police Station,
Cuddalore District.                                      ... Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure, to direct the respondent to register a

complaint vide in CSR.No.819 of 2021 dated 21.09.2021.

                 For Petitioner   : Mr.K.Bommuraj

                 For Respondent   : Mr.R.Vinoth Raja
                                   Government Advocate (Crl.Side)

                                   *****


                                  ORDER

CRL.O.P.No.18901 of 2021

This petition has been filed to direct the respondent to

register a complaint vide in CSR.No.819 of 2021 dated 21.09.2021.

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

CRL.O.P.No.18901 of 2021

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.

                                                                   21.10.2021

Index            : Yes/No
Internet         : Yes/No
ah

To

1.The Sub-Inspector of Police,

Naduveerapattu Police Station, Cuddalore District.

2.The Public Prosecutor High Court, Madras.

CRL.O.P.No.18901 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.18901 of 2021

21.10.2021