S.Pandiyarajan vs The State Rep By
2022 Latest Caselaw 4553 Mad

                                                                               Crl.OP.No.5222 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 08.03.2022

                                                           CORAM

                        THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                    Crl.O.P.No.5222 of 2022

               S.Pandiyarajan                                                    ... Petitioner

                                                            Vs.

               The State Rep by
               The Sub Inspector of Police,
               Sevvapet Police Station,
               Sevvapet,
               Thiruvallur District.                                             ...Respondent


               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

               direct the respondent police to register the complaint dated 09.06.2021 given by

               the Petitioner in CSR.No.356/2021 dated 09.06.2021 on the file of the Respondent

               Police.

                                   For Petitioner    : Mr.M.P.Saravanan

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




               1/4


https://www.mhc.tn.gov.in/judis
                                                                                  Crl.OP.No.5222 of 2022

                                                       ORDER

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

respondent police to register the complaint dated 09.06.2021 given by the

Petitioner in CSR.No.356/2021 dated 09.06.2021 on the file of the Respondent

Police.

2. Heard the both sides 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.

https://www.mhc.tn.gov.in/judis Crl.OP.No.5222 of 2022

4. This Criminal Original Petition is disposed of accordingly.

08.03.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

shk/sai

To

1.The Sub Inspector of Police, Sevvapet Police Station, Sevvapet, Thiruvallur District.

2.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.5222 of 2022

A.D.JAGADISH CHANDIRA,J.

shk

Crl.O.P.No.5222 of 2022

08.03.2022

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