Selvam vs The State Rep. By
2021 Latest Caselaw 20134 Mad

                                                                                  Crl.O.P.No.13200 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.13200 of 2021

                     Selvam                                                        ... Petitioner

                                                           Versus

                     1. The State rep. By
                        The Superintendent of Police,
                        Dharmapuri District.

                     2. The Inspector of Police,
                        Adhiyamankottai Police Station,
                        Dharmapuri District.                                     ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the respondents to register a case

                     based on the complaint lodged by the petitioner dated 16.06.2021 against

                     the named persons in the complaint.

                                      For Petitioner   :       Mr.V.Sakkarapani
                                      For Respondents :        Mr.R.Vinothraja
                                                               Government Advocate (Crl.Side)


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.13200 of 2021


                                                         ORDER

This petition has been filed to direct the respondents to register a

case based on the complaint lodged by the petitioner dated 16.06.2021

against the named persons in the complaint.

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

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.13200 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 Superintendent of Police, Dharmapuri District.

2. The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.13200 of 2021

M.NIRMAL KUMAR, J.

sms/gv

Crl.O.P.No.13200 of 2021

30.09.2021

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