Gopal vs The State
2021 Latest Caselaw 21064 Mad

                                                                            CRL.O.P.No.19268 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.19268 of 2021


                     Gopal                                                    ... Petitioner

                                                         Versus


                     The State, rep. by
                     The Inspector of Police,
                     Ammapet Police Station,
                     Salem District.                                          ... Respondent


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to issue direction to the respondent to
                     register F.I.R based on the complaint of the petitioner dated 26.07.2021
                     for offence under Section 294 (b), 324, 504 (i) IPC.


                                      For Petitioner   : Mr.B.Vasudevan

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



                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                              CRL.O.P.No.19268 of 2021




                                                        ORDER

This petition has been filed to issue direction to the

respondent to register F.I.R based on the complaint of the petitioner dated

26.07.2021 for offence under Section 294 (b), 324, 504 (i) IPC.

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.19268 of 2021

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

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

                     Jeni

                     To

                     The Inspector of Police,
                     Ammapet Police Station,
                     Salem District.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.19268 of 2021

M.NIRMAL KUMAR, J.

Jeni

CRL.O.P.No.19268 of 2021

21.10.2021

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