Sathish vs State By
2022 Latest Caselaw 4410 Mad

                                                                                    Crl.O.P.No.4437 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 07.03.2022

                                                          CORAM

                        THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                 Crl.O.P. No.4437 of 2022

                   Sathish                                                              ... Petitioner
                                                             Vs.

                   State by
                   Inspector of Police,
                   Parangipettai Police Station,
                   Cuddalore District.                                                  ... Respondent

                   Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct
                   the respondent to register a case based on the petitioner's complaint bearing
                   Reference No.BRS21031166 dated 28.02.2021 in accordance with law.


                                    For Petitioner            : Mr.E.Manoharan

                                    For Respondent            : Mr.V.Meghanathan
                                                                Government Advocate (Crl. Side)


                                                         ORDER

This Criminal Original Petition has been filed seeking a direction to the

respondent to register a case based on the petitioner's complaint bearing

Reference No.BRS21031166 dated 28.02.2021 in accordance with law.

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Crl.O.P.No.4437 of 2022

2.Heard the learned counsel 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 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.

4.This Criminal Original Petition is disposed of accordingly.

07.03.2022 mkn https://www.mhc.tn.gov.in/judis

Crl.O.P.No.4437 of 2022

To

1.The Inspector of Police, Parangipettai Police Station, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

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

Crl.O.P.No.4437 of 2022

A.D.JAGADISH CHANDIRA, J.

mkn

Crl.O.P. No.4437 of 2022

07.03.2022

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