R.Premnath vs The Commissioner Of Police
2022 Latest Caselaw 4017 Mad

                                                                             Crl.OP.No.4782 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.4782 of 2022

                     R.Premnath                                                ... Petitioner
                                                        Vs.

                     1. The Commissioner of Police,
                        Salem City,
                        Salem,
                        Salem District.

                     2. The Assistant Commissioner of Police,
                        Law & Order,
                        Salem City,
                        Salem, Salem District.

                     3. The Inspector of Police,
                        Salem Town Police Station,
                        Salem, Salem District.                          ...Respondents
                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the third respondent police to
                     register a case on the basis of the complaint of the petitioner dated
                     28.11.2020.

                                   For Petitioner    : Mr.K.Selvaraj
                                   For Respondents : Mr.V.Meganathan,
                                                     Government Advocate (criminal side)

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                   Crl.OP.No.4782 of 2022

                                                          ORDER

The Criminal Original Petition has been filed seeking for a

direction to the third respondent police to register a case on the basis of

the complaint of the petitioner dated 28.11.2020.

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

Supreme Court held that the informant has to necessarily avail the

alternative remedy provided under Section 154 (3) of Cr.P.C., and

https://www.mhc.tn.gov.in/judis Crl.OP.No.4782 of 2022

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 Commissioner of Police, Salem City, Salem, Salem District.

2. The Assistant Commissioner of Police, Law & Order, Salem City, Salem, Salem District.

3. The Inspector of Police, Salem Town Police Station, Salem, Salem District.

4.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.4782 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

Crl.O.P.No.4782 of 2022

02.03.2022

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