A.Perumal vs The Superintendent Of Police
2021 Latest Caselaw 21062 Mad

                                                      CRL.O.P.No.19044 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.19044 of 2021

A.Perumal                                               ... Petitioner

                                    Versus
1.The Superintendent of Police,
  Villupuram,
  Villupuram District – 605 602.

2.The State of Tamil Nadu,
  Rep. by the Sub Inspector of Police,
  East Pondy Road,
  Vikravandi Taluk,
  Villupuram District – 605 602.                        ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the second respondent to register
the petitioner's complaint dated 24.11.2020 against K.Ganesan.


                 For Petitioner   : Ms.S.Sasikala

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


Page No.1 of 4
                                                          CRL.O.P.No.19044 of 2021


                                   ORDER

This petition has been filed to direct the second respondent

to register the petitioner's complaint dated 24.11.2020 against

K.Ganesan.

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.19044 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 Superintendent of Police, Villupuram, Villupuram District – 605 602.

2.The Sub Inspector of Police, East Pondy Road, Vikravandi Taluk, Villupuram District – 605 602.

3.The Public Prosecutor High Court, Madras.

CRL.O.P.No.19044 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.19044 of 2021

21.10.2021