Madras High Court
J.Loganathan vs The Superintendent Of Police on 8 February, 2022
Crl.O.P.No.2670 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.2670 of 2022
J.Loganathan ...Petitioner/ De facto Complainant
-Vs-
1. The Superintendent of Police,
Office of the Superintendent of Police,
Tirupatthur, Tirupattur District.
2. The Deputy Superintendent of Polce,
Office of the District Superintendent of Police,
Tirupatthur, Tirupattur District.
3. The Inspector of Police,
District Crime Branch,
Tirupatthur, Tirupattur District. ..Respondents/ Complainants
Prayer : Criminal Original Petition is filed under Section 482 of the
Criminal Procedure Code, praying to direct the 3rd respondent Police viz
Inspector of Police, District Crime Branch, Tirupatthur, Tirupattur District to
register a case based on the complaint given by him to the 1st respondent on
19.07.2021.
For Petitioner : Mr.S.Arivazhagan
For Respondent : Mr.V.Meghanathan
Government Advocate(Crl.side)
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.2670 of 2022
ORDER
This petition has been filed seeking direction to the 3rd respondent
Police to register a case based on the petitioner's complaint dated
19.07.2021.
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
petitioner to workout his remedy as per the directions issued by the Division
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.2670 of 2022
Bench in the order referred supra.
4.This Criminal Original Petition is disposed of accordingly.
08.02.2022
Index : Yes/No
Internet : Yes/No
vkr
To
1. The Superintendent of Police,
Office of the Superintendent of Police,
Tirupatthur, Tirupattur District.
2. The Deputy Superintendent of Polce,
Office of the District Superintendent of Police,
Tirupatthur, Tirupattur District.
3. The Inspector of Police,
District Crime Branch,
Tirupatthur, Tirupattur District.
4.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.2670 of 2022
A.D.JAGADISH CHANDIRA.J
vkr
Crl.O.P.No.2670 of 2022
08.02.2022
https://www.mhc.tn.gov.in/judis
