T. Singaperumal vs State
2022 Latest Caselaw 9732 Mad

                                                                                      Crl. O.P. No.9117 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.9117 of 2022


                     T. Singaperumal                         ...         Petitioner

                                                             Vs

                     State
                     rep. By The Inspector of Police
                     T 1 Ambattur Police Station
                     Chennai.                                ...         Respondent


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

                     direct the respondent to register a case based upon the petitioner's complaint

                     dated 31/3/2022.



                                    For Petitioner          ...    Mr.A.Manojkumar

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


                                                         ORDER

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This Criminal Original Petition has been filed to direct the respondent to

register a case based upon the petitioner's complaint dated 31/3/2022.

2. Heard Mr.A.Manojkumar, learned counsel for the petitioner and

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

3. The main allegation of the petitioner is that some third party had

misused the document of the petitioner and obtained bank loan.

4. The learned counsel appearing for the petitioner submitted that

attachment is ordered under SARFAESI proceedings.

5. Without challenging the SARFAESI proceedings, the petitioner cannot

sought for registration of the First Information report. 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

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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.

To

1. The Inspector of Police T 1 Ambattur Police Station Chennai.

2. The Public Prosecutor, High Court, Madras.

N. SATHISH KUMAR, J

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mvs.

Crl. O.P. No.9117 of 2022

9/6/2022

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