P.Selva Ganapathy vs The State Of Tamil Nadu
2022 Latest Caselaw 4415 Mad

                                                                1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 07.03.2022

                                                            CORAM

                             THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                                     Crl.O.P.No.5135 of 2022

                P.Selva Ganapathy,
                S/o.N.Ponnusamy                                                ... Petitioner


                                                              Vs.

                1.The State of Tamil Nadu, represented by
                  The Inspector of Police,
                  J-13, Tharamani Police Station, Chennai - 600 113.

                2.The Deputy Commissioner of Police,
                  Adyar Police District,
                  Dr.Muthulakshmi Road [L.B.Road], Adyar,
                  Chennai 600 020.                                             ... Respondents



                PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to
                direct the respondents to register the FIR based on the complaint of the
                petitioner dated 27.12.2021.


                                    For Petitioner            : Mr.G.Sugadev Rajaguru

                                    For Respondents           : Mr.V.Meghanathan
                                                                Government Advocate (criminal side)



https://www.mhc.tn.gov.in/judis
                                                           2

                                                       ORDER

This Criminal Original Petition has been filed, to direct the respondents

to register the FIR based on the complaint of the petitioner dated 27.12.2021.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate (criminal side) for the respondents 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 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. https://www.mhc.tn.gov.in/judis

07.03.2022 Index :Yes/No Internet : Yes/No Speaking order/Non-speaking order

shk/arb

To

1.The Inspector of Police, J-13, Tharamani Police Station, Chennai - 600 113.

2.The Deputy Commissioner of Police, Adyar Police District, Dr.Muthulakshmi Road [L.B.Road], Adyar, Chennai 600 020.

3.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA,J.

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

shk/arb

Crl.O.P.No.5135 of 2022

07.03.2022

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