Madras High Court
R.V.Dineshkumar vs The Superintendent Of Police on 21 October, 2021
CRL.O.P.No.19253 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.19253 of 2021
R.V.Dineshkumar ... Petitioner
Versus
1.The Superintendent of Police,
Chengalpet,
Chengalpet District.
2.The State by
Inspector of Police,
District Crime Branch,
2nd, BSNL Office,
Alagesan Nagar,
Chengalpattu Town,
Chengalpattu District.
3.Tmt Vasanthi
4.G.Sivagnanam ... Respondents
Page No.1 of 4
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.19253 of 2021
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct 2nd respondent to register the F.I.R
for the petitioner's complaint dated 11.08.2021 on the file of the 2nd
respondent by appreciating the above stated facts and circumstances.
For Petitioner : Mr.R.Sudha
For Respondents : Mr.R.Vinothraja
Government Advocate (Crl.Side)
for R1 and R2
ORDER
This petition has been filed to direct the respondent to
register the complaint based on the petitioner complaint in
CSR.No.90/2020 dated on 18.03.2020 and investigate the matter in
accordance with the law.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.19253 of 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
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.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.19253 of 2021
4. This Criminal Original Petition is disposed of
accordingly.
21.10.2021
Index : Yes/No
Internet : Yes/No
Jeni
To
1.The Superintendent of Police,
Chengalpet,
Chengalpet District.
2.The Inspector of Police,
District Crime Branch,
2nd, BSNL Office,
Alagesan Nagar,
Chengalpattu Town,
Chengalpattu District.
3.The Public Prosecutor,
Madras High Court,
Chennai – 600 104.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.19253 of 2021
M.NIRMAL KUMAR, J.
Jeni
CRL.O.P.No.19253 of 2021
21.10.2021
https://www.mhc.tn.gov.in/judis/
