B.Praveen vs The State Rep By
2022 Latest Caselaw 2062 Mad

                                                                                   Crl.O.P.No.2668 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.2668 of 2022

                      B.Praveen                                                            ...Petitioner

                                                                 -Vs-
                      The State rep by
                      The Inspector of Police,
                      Ooty Rural Police Station,
                      Ooty, The Nilgiri District.                               ..Respondent
                      Prayer : Criminal Original Petition is filed under Section 482 of the
                      Criminal Procedure Code, praying to direct the respondent Police to register
                      complaint dated 29.09.2021.

                                        For Petitioner      :    Mr.C.D.Johnson
                                        For Respondent      :    Mr.V.Meghanathan
                                                                 Government Advocate(Crl.side)

                                                             ORDER

This petition has been filed seeking direction to the respondent Police

to register the complaint dated 29.09.2021.

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

Public Prosecutor for the respondent police.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.2668 of 2022

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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.2668 of 2022

1.The Inspector of Police, Ooty Rural Police Station, Ooty, The Nilgiri District.

2.The Public Prosecutor, High Court, Madras.

A.D.JAGADISH CHANDIRA.J

https://www.mhc.tn.gov.in/judis Crl.O.P.No.2668 of 2022

vkr/nr

Crl.O.P.No.2668 of 2022

08.02.2022

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