A.P.Padmapraban vs The Superintendent Of Police
2021 Latest Caselaw 21068 Mad

                                                                           CRL.O.P.No.19247 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.19247 of 2021


                     A.P.Padmapraban                                         ... Petitioner
                                                      Versus

                     1.The Superintendent of Police,
                       Thiruvannamalai District,
                       Office of the Superintendent of Police,
                       Thiruvannamalai.

                     2.The Inspector of Police,
                       Peranamallur Police Station,
                       Thiruvannamalai District.

                     3.The Sub Inspector of Police,
                       Peranamallur Police Station,
                       Thiruvannamalai District.                             ... Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd and 3rd respondents to
                     register the complaint of the petitioner dated 10.05.2021 and subsequent
                     complaint dated 10.08.2021.


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                              CRL.O.P.No.19247 of 2021




                                      For Petitioner    : Mr.S.Venkatesh

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


                                                        ORDER

This petition has been filed to direct the 2nd and 3rd

respondents to register the complaint of the petitioner dated 10.05.2021

and subsequent complaint dated 10.08.2021.

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.19247 of 2021

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

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.19247 of 2021

M.NIRMAL KUMAR, J.

Jeni

To

1.The Superintendent of Police, Thiruvannamalai District, Office of the Superintendent of Police, Thiruvannamalai.

2.The Inspector of Police, Peranamallur Police Station, Thiruvannamalai District.

3.The Sub Inspector of Police, Peranamallur Police Station, Thiruvannamalai District.

CRL.O.P.No.19247 of 2021

21.10.2021

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