K.Shanmugam vs The State Rep By
2022 Latest Caselaw 4691 Mad

                                                                                  Crl.OP.No.5396 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                      DATED: 09.03.2022
                                                           CORAM
                        THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
                                                    Crl.O.P.No.5396 of 2022

               K.Shanmugam                                                    ... Petitioner


                                                            Vs.

               1. The State rep by
                  The Superintendent of Police,
                  Thiruvannamalai District,
                  Postal Pincode – 606 801.

               2. The Inspector of Police,
                  E-3, Police Station,
                  Chetpet – 606 801,
                  Thiruvannamali District.                                    ...Respondents

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

               direct the respondents to register a F.I.R. upon the petitioner's complaint dated

               23.01.2021.

                                   For Petitioner     : Mr.N.Nagarajan


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


               1/4


https://www.mhc.tn.gov.in/judis
                                                                                  Crl.OP.No.5396 of 2022


                                                       ORDER

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

respondents to register a F.I.R., upon the petitioner's complaint dated 23.01.2021.

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.

4. This Criminal Original Petition is disposed of accordingly.

https://www.mhc.tn.gov.in/judis Crl.OP.No.5396 of 2022

09.03.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

shk/sai

To

1. The State rep by The Superintendent of Police, Thiruvannamali District, Postal Pincode – 606 801.

2. The Inspector of Police, E-3, Police Station, Chetpet – 606 801, Thiruvannamali District.

3.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.5396 of 2022

A.D.JAGADISH CHANDIRA,J.

shk

Crl.O.P.No.5396 of 2022

09.03.2022

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