N.Nambiraj vs The Superintendent Of Police
2021 Latest Caselaw 20098 Mad

                                                                             Crl.O.P.No.14066 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.14066 of 2021

                      N.Nambiraj                                              ... Petitioner

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

                      2. The Deputy Superintendent of Police,
                         Chengam.

                      3. The Sub-Inspector of Police,
                         Pudupalayam Police station,
                         Pudupalayam,
                         Chengam Taluk.                                 ... Respondents

                      PRAYER: Criminal Original Petition filed under Section 482 of the Code

                      of Criminal Procedure, to direct the 3rd respondent police to investigate

                      and to register the complaint dated 28.09.2020 based on the petitioner

                      complaints dated 28.09.2020 and 21.10.2020.




                      Page No.1 of 4


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                                                                                 Crl.O.P.No.14066 of 2021




                                       For Petitioner     :    Mr.N. Suresh

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

                                                         ORDER

This petition has been filed to direct the 3rd respondent police to

investigate and to register the complaint dated 28.09.2020 based on the

petitioner complaints dated 28.09.2020 and 21.10.2020.

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

http://www.judis.nic.in Crl.O.P.No.14066 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

M.NIRMAL KUMAR, J.

http://www.judis.nic.in Crl.O.P.No.14066 of 2021

sms/gv

To

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

2. The Deputy Superintendent of Police, Chengam.

3. The Sub-Inspector of Police, Pudupalayam Police station, Pudupalayam, Chengam Taluk.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.14066 of 2021

30.09.2021

http://www.judis.nic.in