P.Kolanchi vs The Superintendent Of Police
2022 Latest Caselaw 9241 Mad

                                                                               Crl.OP.No.10016 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 29.04.2022

                                                           CORAM

                       THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                    Crl.O.P.No.10016 of 2022

               P.Kolanchi                                                         ... Petitioner
                                                             Vs.

               1.The Superintendent of Police,
                 Cuddalore District.

               2.The Inspector of Police,
                 Veepur police Station,
                 Cuddalore District.                                              ... Respondents

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

               direct the second respondent to register the complaint of the petitioner dated

               12.08.2021 in CSR No.696 of 2021, investigate the same and register FIR within a

               stipulated time as fixed by this Court.


                                   For Petitioner      : Mr.S.Senthilnathan

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



               1/4


https://www.mhc.tn.gov.in/judis
                                                                              Crl.OP.No.10016 of 2022

                                                   ORDER

This Criminal Original Petition has been filed to direct the second

respondent to register the complaint of the petitioner dated 12.08.2021 in CSR

No.696 of 2021, investigate the same and register FIR within a stipulated time as

fixed by this Court.

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)

https://www.mhc.tn.gov.in/judis Crl.OP.No.10016 of 2022

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.

4. This Criminal Original Petition is disposed of accordingly.

29.04.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

shk/sai

To

1.The Superintendent of Police, Cuddalore District.

2.The Inspector of Police, Veepur police Station, Cuddalore District.

3.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.10016 of 2022

A.D.JAGADISH CHANDIRA.,J

shk

Crl.O.P.No.10016 of 2022

29.04.2022

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