K.Maniyan vs The State Rep. By
2021 Latest Caselaw 21053 Mad

                                                       CRL.O.P.No.18921 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.18921 of 2021

K.Maniyan                                                ... Petitioner

                                    Versus
1.The State Rep. by
  The Inspector of Police,
  District Crime Branch,
  Thiruvallur,
  Thiruvallur District.
2.The Superintendent of Police,
  S.P. Office Campus,
  Thiruvallur,
  Thiruvallur District.                                  ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the first respondent police to
register the complaint dated 28.08.2021 given by the petitioner in GDP.
No.EUW 21123056/SP/TVLR/Dt 28.08.2021 and file a FIR.
                 For Petitioner   : Mr.M.P.Saravanan

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

Page No.1 of 4
                                                          CRL.O.P.No.18921 of 2021


                                  ORDER

This petition has been filed to direct the first respondent

police to register the complaint dated 28.08.2021 given by the petitioner

in GDP. No.EUW 21123056/SP/TVLR/Dt 28.08.2021 and file a FIR.

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

CRL.O.P.No.18921 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 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.

                                                                   21.10.2021

Index            : Yes/No
Internet         : Yes/No
ah

To

1.The Inspector of Police,
  District Crime Branch,
  Thiruvallur,
  Thiruvallur District.

2.The Superintendent of Police, S.P. Office Campus, Thiruvallur, Thiruvallur District.

3.The Public Prosecutor High Court, Madras.

CRL.O.P.No.18921 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.18921 of 2021

21.10.2021