K.Vengadesh vs The Superintendent Of Police
2022 Latest Caselaw 9729 Mad

                                                                                      Crl. O.P. No.10305 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated: 9/6/2022

                                                        CORAM

                                  THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                                Crl. O.P. No.10305 of 2022


                     K.Vengadesh                            ...         Petitioner

                                                            Vs

                     1. The Superintendent of Police
                        O/o Superintendent of Police
                        Thiruvarur District.

                     2. The Inspector of Police
                        Koodavasal Police Station
                        Thiruvarur District.                ...         Respondents


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

                     direct the respondent to register the FIR based on the petitioner's complaint

                     dated 8/12/2021 pending on the file of the respondent.



                                    For Petitioner         ...    Mr.P.Muthamizh Selvakumar

                                    For Respondents        ...    Mr.A. Gokulakrishnan
                                                                  Additional Public Prosecutor
                                                          -----

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                                                                                        Crl. O.P. No.10305 of 2022


                                                           ORDER

This Criminal Original Petition has been filed to direct the second

respondent Police to register the FIR, based on the petitioner's complaint,

dated 8/12/2021.

2. Heard Mr.P.Muthamizh Selvakumar, learned counsel for the petitioner

and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the

respondents.

3. The main allegation of the petitioner is that one Arvinselvan had

promised the petitioner to arrange jobs in the Government office and collected

amounts from the petitioner.

4. The learned counsel appearing for the petitioner submitted that the

petitioner had lost his valuable properties. Hence lodged the complaint dated

8/12/2021 before the second respondent Police. Till date, no steps were taken

by the second respondent.

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5. 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) of Cr.P.C.

6. In the result, this Criminal Original Petition is dismissed. Liberty is

granted to the petitioner to workout his remedy, as per the directions issued by

the Hon'ble Division Bench in the order referred supra.

9/6/2022 mvs.

Index: Yes/No website: Yes/No Speaking/Non-speaking order

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https://www.mhc.tn.gov.in/judis Crl. O.P. No.10305 of 2022

N. SATHISH KUMAR, J

mvs.

To

1. The Superintendent of Police O/o Superintendent of Police Thiruvarur District.

2. The Inspector of Police Koodavasal Police Station Thiruvarur District.

3. The Public Prosecutor, High Court, Madras.

Crl. O.P. No.10305 of 2022

9/6/2022

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