S.Thirumurugan vs The Assistant Commissioner Of ...
2022 Latest Caselaw 4417 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.5062 of 2022

                S.Thirumurugan,
                S/o.Sivalingam                                                 ... Petitioner


                                                              Vs.

                1.The Assistant Commissioner of Police,
                  Office of the Assistant Commissioner,
                  T-Nagar.

                2.The Inspector of Police,
                  R-2, Kodambakkam Police Station,
                  Chennai - 600 024.                                              ... Respondents



                PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to
                direct the respondent to register the FIR based on the petitioner's complaint
                dated 26.11.2021 pending on the file of the second respondent.


                                    For Petitioner            : Mr.P.Muthamizhselvakumar

                                    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 respondent to

register the FIR based on the petitioner's complaint dated 26.11.2021 pending

on the file of the second respondent.

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 Assistant Commissioner of Police, Office of the Assistant Commissioner, T-Nagar.

2.The Inspector of Police, R-2, Kodambakkam Police Station, Chennai 600 024.

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.5062 of 2022

07.03.2022

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