M/S.Manapuram Finance Ltd vs The Superintendent Of Police
2022 Latest Caselaw 2061 Mad

                                                                               Crl.O.P.No.2684 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED :08.02.2022

                                                          CORAM :

                          THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                                  Crl.O.P.No.2684 of 2022

                      M/s.Manapuram Finance Ltd.,
                      No.76-83, Ram Complex, 1st floor,
                      Karuppamans Street, S.P.Pudhur,
                      Paramathi Road, Opp. Chellamba Gounder Park,
                      Represented by its Authorised signatory,
                      M.Maniyarasn                                                     ...Petitioner

                                                              -Vs-
                      1. The Superintendent of Police,
                         Namakkal.

                      2. The Inspector of Police,
                         Mohanur Police Station.                                      ..Respondents

                      Prayer : Criminal Original Petition is filed under Section 482 of the
                      Criminal Procedure Code, praying to direct the 2nd respondent Police to
                      register a case on the basis of the complaint given by the petitioner dated
                      07.12.2021 against the above said person named in the complaint and
                      investigate into the matter.

                                     For Petitioner      :    Mrs.K.Sahithya

                                     For Respondent      :    Mr.V.Meghanathan
                                                              Government Advocate(Crl.side)


                      1/4

https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.2684 of 2022


                                                           ORDER

This petition has been filed seeking direction to the 2nd respondent

Police to register a case based on the petitioner's complaint dated

07.12.2021.

2. Heard the learned Counsel for the petitioner and learned Additional

Public Prosecutor for the respondents Police.

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. Liberty is given to the

https://www.mhc.tn.gov.in/judis Crl.O.P.No.2684 of 2022

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.

08.02.2022

Index : Yes/No vkr

To

1. The Superintendent of Police, Namakkal.

2. The Inspector of Police, Mohanur Police Station

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.2684 of 2022

A.D.JAGADISH CHANDIRA.J

vkr

Crl.O.P.No.2684 of 2022

08.02.2022

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