Mr.Balasubramaniam vs State Rep By Its
2021 Latest Caselaw 21216 Mad

                                                                           CRL.O.P.No.19541 of 2021

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 22.10.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               CRL.O.P.No.19541 of 2021


                     Mr.Balasubramaniam                                           ... Petitioner
                                                         Versus

                     1.State rep by its
                       The Commissioner of Police,
                       Office of the Commissioner of Police,
                       Tirupur District.

                     2.The Inspector of Police (CRIME),
                       North Police Station,
                       Tirupur District.                                        ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent to register the
                     case in respect of the petitioner's complaint dated 28.09.2021.


                                      For Petitioner   : Mr.P.Kalimuthu

                                      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.19541 of 2021



                                                         ORDER

This petition has been filed to direct the 2nd respondent to

register the case in respect of the petitioner's complaint dated 28.09.2021.

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.19541 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.

                                                                                  22.10.2021

                     Index            : Yes/No
                     Internet         : Yes/No

                     Jeni

                     To

                     1.The Commissioner of Police,

Office of the Commissioner of Police, Tirupur District.

2.The Inspector of Police (CRIME) North Police Station Tirupur District.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.19541 of 2021

M.NIRMAL KUMAR, J.

Jeni

CRL.O.P.No.19541 of 2021

22.10.2021

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