Mohammed Lukman vs State Represented By
2021 Latest Caselaw 20094 Mad

                                                                              Crl.O.P.No.13869 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.13869 of 2021

                     Mohammed Lukman                                           ... Petitioner

                                                        Versus
                     1. State Represented by
                        The Superintendent of Police,
                        Coimbatore District
                        Coimbatore.

                     2. The Deputy Superintendent of Police,
                        Pollachi,
                        Coimbatore District.

                     3.The Inspector of Police,
                       Mahalingapuram Police Station,
                       Pollachi
                       Coimbatore District.                              ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the 1st respondent to issue

                     necessary direction to the 3rd respondent to register the case on the

                     complaint of the petitioner dated 20.07.2021 and file FIR.

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                      Crl.O.P.No.13869 of 2021


                                      For Petitioner          :     Mr.M.Palanivel

                                      For Respondents        :Mr.R.Vinothraja
                                                              Government Advocate (Crl.Side)
                                                          *****
                                                        ORDER

This petition has been filed to direct the 1st respondent to issue

necessary direction to the 3rd respondent to register the case on the

complaint of the petitioner dated 20.07.2021 and file FIR.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.13869 of 2021

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.

4. This Criminal Original Petition is disposed of accordingly.

30.09.2021 Index: Yes/No Internet: Yes/No sms/gv

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.13869 of 2021

M.NIRMAL KUMAR, J.

sms/gv

To

1. The Superintendent of Police, Coimbatore District Coimbatore.

2. The Deputy Superintendent of Police, Pollachi, Coimbatore District.

3.The Inspector of Police, Mahalingapuram Police Station, Pollachi Coimbatore District.

4.The Public Prosecutor, High Court, Madras. CRL.O.P.No.13869 of 2021

30.09.2021

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