S.Saranraj vs State Represented By Its
2022 Latest Caselaw 4014 Mad

                                                                            Crl.OP.No.4780 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 02.03.2022

                                                    CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.4780 of 2022

                     S.Saranraj                                        ... Petitioner

                                                        Vs.

                     State represented by its
                     The Inspector of Police,
                     P-6, Kodungaiyur Police Station,
                     Kodungaiyur,
                     Chennai - 118.                                    ...Respondent


                     PRAYER: The Criminal Original Petition is filed under Section 482 of

                     Code of Criminal Procedure, to direct the respondent to register the

                     petitioner complaint dated 13.11.2021 in CSR No.1988 of 2021 pending

                     on the file of the Inspector of Police, Kodungaiyur Police Station,

                     Kodungaiyur, Chennai.


                                  For Petitioner   : Mr.Vimal B Crimson
                                  For Respondent    : Mr.V.Meganathan,
                                                      Government Advocate (criminal side)


                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                   Crl.OP.No.4780 of 2022



                                                           ORDER

The Criminal Original Petition has been filed seeking for a

direction to the respondent to register the petitioner complaint dated

13.11.2021 in CSR No.1988 of 2021 pending on the file of the Inspector

of Police, Kodungaiyur Police Station, Kodungaiyur, Chennai.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.4780 of 2022

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. 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.

02.03.2022

shk/sai

To

1.The Inspector of Police, P-6, Kodungaiyur Police Station, Kodungaiyur, Chennai - 118.

2.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.4780 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

Crl.O.P.No.4780 of 2022

02.03.2022

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