D. Kumaresan vs The Superintendent Of Police
2021 Latest Caselaw 20133 Mad

                                                                            Crl.O.P.No12971 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.12971 of 2021

                     D. Kumaresan                                            ... Petitioner

                                                       Versus
                     1.The Superintendent of Police,
                       Tiruppattur District,
                       District Police Office,
                       Pudupet Road,
                       Tirupattur -635 601.

                     2.The Deputy Superintendent of Police
                       Vaniyambadi Division,
                       Nari Street, New Town,
                       Vaniyambadi – 635 751.

                     3.State of Tamil Nadu
                       Represented by Inspector of Police,
                       Vaniyambadi Town Police Station,
                       Vaniyambadi 635751                                ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent police to register
                     the petitioner complaint dated 01.03.2020 and vide CSR.No.109/2020
                     dated 02.03.2020 .

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                     Crl.O.P.No12971 of 2021


                                        For Petitioner      :        Mr.G.Vetri

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

                                                                ORDER

This petition has been filed to direct the respondent police to

register the petitioner complaint dated 01.03.2020 and vide

CSR.No.109/2020 dated 02.03.2020.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No12971 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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No12971 of 2021

sms/gv To

1.The Superintendent of Police, Tiruppattur District, District Police Office, Pudupet Road, Tirupattur -635 601.

2.The Deputy Superintendent of Police Vaniyambadi Division, Nari Street, New Town, Vaniyambadi – 635 751.

3.State of Tamil Nadu Represented by Inspector of Police, Vaniyambadi Town Police Station, Vaniyambadi 635751

4.The Public Prosecutor, High Court, Madras. CRL.O.P.No.12971 of 2021

30.09.2021

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