M.K.Kuppusamy vs Prayer: This Criminal Original ...
2022 Latest Caselaw 4555 Mad

                                                                                  Crl.OP.No.5168 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.5168 of 2022

               M.K.Kuppusamy                                                        ... Petitioner
                                                            Vs.

               The State Represented by
               Inspector of Police,
               Moolanur Police Station,
               Moolanur.


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

               direct the respondent herein to register the case on the petitioner's complaint dated

               13.11.2021 and to investigate the same in accordance with law.



                                   For Petitioner    : Mr.M.Guruprasad


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




               1/4


https://www.mhc.tn.gov.in/judis
                                                                                  Crl.OP.No.5168 of 2022

                                                       ORDER

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

respondents herein to register the case on the petitioner's complaint dated

13.11.2021 and to investigate the same in accordance with law.

2. Heard 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.5168 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 Inspector of Police, Moolanur Police Station, Moolanur.

2.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.5168 of 2022

A.D.JAGADISH CHANDIRA,J.

shk

Crl.O.P.No.5168 of 2022

08.03.2022

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