Saravana Kumar vs The Superintendent Of Police
2021 Latest Caselaw 20091 Mad

                                                                                   Crl.O.P.No12564 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 30.09.2021

                                                         CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                  Crl.O.P.No.12564 of 2021

                     Saravana Kumar                                                ... Petitioner

                                                             Versus
                     1.The Superintendent of Police,
                       Cuddalore District, Cuddalore.

                     2.The Inspector of Police,
                       Annamalai Nagar,
                       Chidambaram,
                       Cuddalore District.                                       ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to issue a suitable direction to the

                     respondents police to register a case on the basis of petitioner's

                     complainant dated 03.06.2021.

                                       For Petitioner    :       Mr.A.P.Sathiyamurthy

                                       For Respondents :         Mr.A.Damodaran,
                                                                 Additional Public Prosecutor

                                                             ORDER

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No12564 of 2021

This petition has been filed to issue a suitable direction to the

respondents police to register a case on the basis of petitioner's

complainant dated 03.06.2021.

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

Additional Public Prosecutor 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No12564 of 2021

directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

30.09.2021 Index: Yes/No Internet: Yes/No

sms/gv

To

1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Annamalai Nagar, Chidambaram, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No12564 of 2021

sms/gv

CRL.O.P.No.12564 of 2021

30.09.2021

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