V.Sekar vs The State Rep By Inspector Of ...
2021 Latest Caselaw 21071 Mad

                                                                            CRL.O.P.No.19187 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.19187 of 2021


                     V.Sekar                                                  ... Petitioner
                                                         Versus

                     The State Rep By Inspector of Police,
                     Neelangarai Police Station,
                     Saraswathi Nagar,
                     Chennai 600 115.
                     Chengalpattu District.                                   ... Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent to register the
                     complaint based on the complaint dated 06.07.2021 given by the
                     petitioner and to file a F.I.R.


                                      For Petitioner   : Mr.Murugesan
                                                         for M/s.S.Shalni

                                      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.19187 of 2021


                                                           ORDER

This petition has been filed to direct the respondent to

register the complaint based on the complaint dated 06.07.2021 given by

the petitioner and to file a F.I.R.

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.19187 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

                     Jeni




                     To

                     1.The Inspector of Police,
                       Neelangarai Police Station,
                       Saraswathi Nagar,
                       Chennai 600 115.
                       Chengalpattu District.

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.19187 of 2021

M.NIRMAL KUMAR, J.

Jeni

CRL.O.P.No.19187 of 2021

21.10.2021

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