S.Sakthivel vs The Superintendent Of Police
2021 Latest Caselaw 21070 Mad

                                                                              CRL.O.P.No.19217 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.19217 of 2021


                     S.Sakthivel                                                ... Petitioner
                                                         Versus

                     1.The Superintendent of Police,
                       Erode District,
                       Erode – 638 001.

                     2.The Inspector of Police,
                       Anthiyur Police Station,
                       Erode District.                                          ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to issue direction to the respondents to
                     register a case on the petitioner's complaint dated 25.08.2021 (CSR No.
                     183/2021) given to the 2nd respondent, investigate and file a final report.


                                      For Petitioner   : Mr.N.Manoharan

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


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                              CRL.O.P.No.19217 of 2021




                                                        ORDER

This petition has been filed to issue direction to the

respondents to register a case on the petitioner's complaint dated

25.08.2021 (CSR No. 183/2021) given to the 2nd respondent, investigate

and file a final report.

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.19217 of 2021

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.19217 of 2021

M.NIRMAL KUMAR, J.

Jeni

To

1.The Superintendent of Police, Erode District, Erode – 638 001.

2.The Inspector of Police, Anthiyur Police Station, Erode District.

3.The Public Prosecutor, Madras High Court, Chennai – 600 104.

CRL.O.P.No.19217 of 2021

21.10.2021

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