S.Anbu Sundaram vs State Rep By
2022 Latest Caselaw 9121 Mad

                                                                                   Crl.OP.No.9668 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 28.04.2022

                                                           CORAM

                       THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                    Crl.O.P.No.9668 of 2022

               S.Anbu Sundaram                                                       ... Petitioner
                                                             Vs.

               State rep by
               The Inspector of Police,
               Arambakkam Police Station,
               Thiruvallur District.                                                 ... Respondent

               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

               direct the respondent to register a FIR based on the petitioner's complaint dated

               09.04.2022 on the file of the respondent.


                                   For Petitioner      : Mr.R.Sureshkumar

                                   For Respondent      : Mr.V.Meganathan,
                                                         Government Advocate (Crl. Side)

                                                      ORDER

This Criminal Original Petition has been filed to direct the respondent to

register a FIR based on the petitioner's complaint dated 09.04.2022 on the file of

https://www.mhc.tn.gov.in/judis Crl.OP.No.9668 of 2022

the respondent.

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

Advocate (crl.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.9668 of 2022

4. This Criminal Original Petition is disposed of accordingly.

28.04.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

shk/sai

To

1.The Inspector of Police, Arambakkam Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.9668 of 2022

A.D.JAGADISH CHANDIRA.,J

shk

Crl.O.P.No.9668 of 2022

28.04.2022

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