Dhananheyan vs The Superintendent Of Police
2022 Latest Caselaw 9737 Mad

                                                                                       Crl. O.P. No.10210 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.10210 of 2022


                     Dhananheyan                            ...          Petitioner

                                                            Vs

                     1. The Superintendent of Police
                        District Police Headquarters
                        Thiruvannamalai
                        Thiruvannamalai District.

                     2. The State
                        rep. By The Sub-Inspector of Police
                        Thanipadi Police Station
                        Thiruvannamalai District.         ...            Respondents


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

                     direct the first respondent to register a case in connection with the complaint on

                     28/9/2021 since the second respondent Police is committed an offence with the

                     other accused for an offence.




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                                                                                          Crl. O.P. No.10210 of 2022


                                        For Petitioner           ...   Mr.D.Padmanabhan

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

This Criminal Original Petition has been filed to direct the first

respondent to register a case in connection with the petitioner's complaint dated

28/9/2021.

2. Heard Mr.D.Padmanabhan, learned counsel for the petitioner and

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

respondents.

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

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to necessarily avail the alternative remedy provided under Section 154 (3) of

Cr.P.C., and Section 156 (3) of Cr.P.C.

4. 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 Superintendent of Police District Police Headquarters Thiruvannamalai Thiruvannamalai District.

2. The Sub-Inspector of Police Thanipadi Police Station Thiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

N. SATHISH KUMAR, J

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mvs.

Crl. O.P. No.10210 of 2022

9/6/2022

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