J.Ananthan vs The Superintendent Of Police
2021 Latest Caselaw 21778 Mad

                                                                              CRL.O.P.No.20158 of 2021


                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 29.10.2021

                                                        CORAM:

                                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                CRL.O.P.No.20158 of 2021

                      J.Ananthan                                                ... Petitioner

                                                          Versus

                      The Superintendent of Police,
                      PCR Cell,
                      Dhanvanthri Nagar,
                      Gorimedu,
                      Pondicherry – 605 008.                                    ... Respondent

                      PRAYER: Criminal Original Petition filed under Section 482 of the

                      Code of Criminal Procedure, to direct the respondent to register the First

                      Information Report based on the petitioner's complaint dated 29.07.2021,

                      within time frame as fixed by this Court in circumstances of case.

                                       For Petitioner   : Mr.C.Anbu

                                       For Respondent   : Mr.V.Balamurugane
                                                          Public Prosecutor (Pondicherry)

                                                         *****
                                                        ORDER

http://www.judis.nic.in CRL.O.P.No.20158 of 2021

This petition has been filed to direct the respondent to register the

First Information Report based on the petitioner's complaint dated

29.07.2021, within time frame as fixed by this Court in circumstances of

case.

2.Heard the learned counsel for the petitioner and the learned

Public Prosecutor (Pondicherry) appearing on behalf of the respondent.

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.

http://www.judis.nic.in CRL.O.P.No.20158 of 2021

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.

                                                                                        29.10.2021

                      Index            : Yes/No
                      Internet         : Yes/No
                      ah

                      To

1.The Superintendent of Police, PCR Cell, Dhanvanthri Nagar, Gorimedu, Pondicherry – 605 008.

2.The Public Prosecutor High Court, Madras.

http://www.judis.nic.in CRL.O.P.No.20158 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.20158 of 2021

29.10.2021

http://www.judis.nic.in