Madras High Court
Sengodan vs The Superintendent Of Police on 1 March, 2022
W.P.No.4153 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2022
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
W.P.No.4153 of 2022
and
W.M.P.No.4288 of 2022
Sengodan ... Petitioner
Vs.
1. The Superintendent of Police,
Superintendent office of Kallakurichi,
Kallakurichi District – 606 202.
2. The District Collector,
Kallakurichi District,
Kallakurichi – 606 202.
3. The District Registrar,
Kallakurichi District,
Kallakurichi – 606 202.
4. The Tahsildar,
Kallakurichi Taluk,
Kallakurichi District,
Kallakurichi – 606 202.
5. N.Palanisamy ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
pleased to issue a Writ of Mandamus or order, or direction in the nature of writ,
directing the first respondent to take action against the 5th respondent on the
basis of the representation dated 31.12.2021 under the Scheduled Caste and
Schedule Tribes (Prevention of Atrocities) Act, 1989.
https://www.mhc.tn.gov.in/judis
1/4
W.P.No.4153 of 2022
For Petitioner : Mr.S.Venkatesh
For R1 : Mr.A.Gokulakrishnan
Additional Public Prosecutor.
For R2 to R5 : No Appearance
ORDER
This Writ Petition has been filed to direct the first respondent to take
action against the 5th respondent on the basis of the representation dated
31.12.2021 under the Scheduled Caste and Schedule Tribes (Prevention of
Atrocities) Act, 1989.
2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would
submit that based on the complaint of the petitioner dated 31.12.2021, enquiry
was conducted and closed. He would further submit that the petitioner instead
of filing a petition to register a case as camouflaged had filed as a writ petition.
and he would pray for dismissal of the petition.
3. Heard the learned counsel and perused the materials available on
record.
https://www.mhc.tn.gov.in/judis
W.P.No.4153 of 2022
4. 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 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 Hon'ble Division Bench
in the order referred supra.
5. This Criminal Original Petition is disposed of accordingly.
Consequently, the connected miscellaneous petition is closed. No costs.
01.03.2022
Index :Yes/No
Internet:Yes/No
ham/nr
https://www.mhc.tn.gov.in/judis
W.P.No.4153 of 2022
A.D.JAGADISH CHANDIRA.,J
ham/nr
To
1. The Superintendent of Police,
Superintendent office of Kallakurichi,
Kallakurichi District – 606 202.
2. The District Collector,
Kallakurichi District,
Kallakurichi – 606 202.
3. The District Registrar,
Kallakurichi District,
Kallakurichi – 606 202.
4. The Tahsildar,
Kallakurichi Taluk,
Kallakurichi District,
Kallakurichi – 606 202.
5. The Public Prosecutor,
High Court of Madras.
W.P.No.4153 of 2022
and
W.M.P.No.4288 of 2022
01.03.2022
https://www.mhc.tn.gov.in/judis
