D.Loganathan vs The Inspector Of Police
2022 Latest Caselaw 7730 Mad

                                                                              Crl.OP.No.8348 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 12.04.2022

                                                         CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                                  Crl.O.P.No.8348 of 2022

                     D.Loganathan                                              ... Petitioner
                                                            Vs.

                     The Inspector of Police,
                     Jolarpet Police Station,
                     Thiruppathur District.                                    ... Respondent

                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the respondent to register a case
                     based on the petitioner's complaint dated 01.02.2022 pending on the file
                     of the respondent police.

                                       For Petitioner   : Mr.E.Kannadasan

                                       For Respondent    : Mr.V.Meganathan,
                                                           Government Advocate (criminal side)

                                                        ORDER

The Criminal Original Petition has been filed seeking for a

direction to the respondent to register a case based on the petitioner's

complaint dated 01.02.2022 pending on the file of the respondent police.

https://www.mhc.tn.gov.in/judis Crl.OP.No.8348 of 2022

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

Government Advocate (criminal side) and perused the materials available

on record.

3. This petition is not maintainable, in view of the Order passed by

a Hon'ble 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's 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 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 Hon'ble Division Bench in

the order referred supra.

https://www.mhc.tn.gov.in/judis Crl.OP.No.8348 of 2022

4. This Criminal Original Petition is disposed of accordingly.

12.04.2022 Index:Yes/No Internet:Yes/No Speaking order/Non speaking order

shk/sai

To

1.The Inspector of Police, Jolarpet Police Station, Thiruppathur District.

2.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.8348 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

Crl.O.P.No.8348 of 2022

12.04.2022

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