S. Venkatesan vs The Inspector Of Police
2021 Latest Caselaw 20093 Mad

                                                                                 Crl.O.P.No.11661 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.11661 of 2021

                     S. Venkatesan                                                ... Petitioner

                                                            Versus
                     The Inspector of Police,
                     Cheyyur Police Station,
                     Chengalpet District.                                        ... 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 on the petitioner's complaint dated 02.07.2021

                     pending on his file.



                                       For Petitioner   :       Mr.T.V.C.Kartheeban

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

                                                            *****




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.11661 of 2021


                                                         ORDER

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

First Information report on the petitioner's complaint dated 02.07.2021

pending on his file.

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

Additional Public Prosecutor 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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.11661 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.

30.09.2021 Index: Yes/No Internet: Yes/No

sms/gv

To

1. The Inspector of Police, Cheyyur Police Station, Chengalpet District.

2.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.11661 of 2021

sms/gv

CRL.O.P.No.11661 of 2021

30.09.2021

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