K.Ravi vs The Commissioner Of Police
2021 Latest Caselaw 21048 Mad

                                                                               CRL.O.P.No.18852 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.18852 of 2021

                     1.K.Ravi
                     2.K.Jayakumar
                     3.P.Venkatachalam                                           ... Petitioners

                                                         Versus
                     1.The Commissioner of Police,
                       Coimbatore City,
                       Coimbatore.
                     2.The Inspector of Police,
                       Ramanathapuram Police Station,
                       Coimbatore City.                                ... Respondents
                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent to register a case
                     against the accused based on the complaint dated 26.07.2021, lodged by
                     the petitioners.
                                      For Petitioners   : Mr.J.Bharathi Raja

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


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                             CRL.O.P.No.18852 of 2021


                                                       ORDER

This petition has been filed to direct the respondent to

register a case against the accused based on the complaint dated

26.07.2021, lodged by the petitioners.

2.Heard the learned counsel for the petitioners 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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.18852 of 2021

alternative remedy provided under Section 154 (3) of Cr.P.C., and

Section 156 (3) of Cr.P.C. Liberty is given to the petitioners to workout

their 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 Commissioner of Police,
                       Coimbatore City,
                       Coimbatore.
                     2.The Inspector of Police,

Ramanathapuram Police Station, Coimbatore City.

3.The Public Prosecutor High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.18852 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.18852 of 2021

21.10.2021

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