H.B.Hussain Baig vs The Superintendent Of Police
2022 Latest Caselaw 5948 Mad

                                                                               Crl.O.P.No.4032 of 2022



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 23.03.2022

                                                        CORAM :

                      THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                               Crl.O.P.No.4032 of 2022


                H.B.Hussain Baig                                                   ... Petitioner
                                                          Vs.

                1.The Superintendent of Police,
                  Krishnagiri District,
                  Krishnagiri.

                2.The Inspector of Police
                  Cyber Crime
                  O/o.The Superintendent of Police,
                  Krishnagiri District.                                          ... Respondents



                PRAYER: The Criminal Original Petition filed under Section 482 of the
                Criminal Procedure Code, praying to direct the 2nd respondent police to register
                FIR on the basis of the complaint given by the petitioner dated 11.01.2022 and
                investigate the matter in accordance with law.


                                       For Petitioner    : Mr.R.Balaguru Swamy
                                       For Respondents : Mr.V.Meghanathan
                                                         Govt. Advocate (Crl. Side)



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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.4032 of 2022



                                                      ORDER

The Criminal Original Petition has been filed to direct the 2nd respondent

police to register FIR on the basis of the complaint given by the petitioner dated

11.01.2022

2. Heard the learned counsels 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 of 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.O.P.No.4032 of 2022

4. Accordingly, this Criminal Original Petition is disposed of.

23.03.2022 nr/nti Index :Yes/No Internet : Yes/No Speaking order/non-speaking order

To

1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Inspector of Police Cyber Crime O/o.The Superintendent of Police, Krishnagiri District.

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.4032 of 2022

A.D.JAGADISH CHANDIRA.,J

nr/nti

Crl.O.P.No.4032 of 2022

23.03.2022

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