P.Kandhasamy vs The Superintendent Of Police
2022 Latest Caselaw 3785 Mad

                                                                            Crl.OP.No.4543 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 28.02.2022

                                                     CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.4543 of 2022

                     P.Kandhasamy                                            ... Petitioner

                                                        Vs.

                     State rep. by
                     1. The Superintendent of Police,
                        Office of the District Superintendent,
                        Coimbatore.

                     2. The Inspector of Police,
                        Madukkarai Police Station,
                        Coimbatore.                                    ...Respondents


                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the      2nd respondent police to
                     register the FIR in line with the petitioner's complaint dated 29.12.2021
                     vide CSR No.1 of 2022.

                                  For Petitioner     : Mr.W.Camyles Gandhi

                                  For Respondents : Mr.V.Meganathan,
                                                    Government Advocate (criminal side)



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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.4543 of 2022

                                                           ORDER

The Criminal Original Petition has been filed seeking for a

direction to the 2nd respondent police to register the FIR in line with the

petitioner's complaint dated 29.12.2021 vide CSR No.1 of 2022.

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

Government Advocate (criminal 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

https://www.mhc.tn.gov.in/judis Crl.OP.No.4543 of 2022

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.

4. This Criminal Original Petition is disposed of accordingly.

28.02.2022

shk/sai

To

1. The Superintendent of Police, Office of the District Superintendent, Coimbatore.

2. The Inspector of Police, Madukkarai Police Station, Coimbatore.

3.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.4543 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

Crl.O.P.No.4543 of 2022

28.02.2022

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