R.Nagaraju vs The Superintendent Of Police
2022 Latest Caselaw 6757 Mad

                                                                               Crl.O.P.No.6643 of 2022



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 31.03.2022

                                                        CORAM :

                      THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                              Crl.O.P.Nos.6643 of 2022


                R.Nagaraju                                                      ... Petitioner
                                                          Vs.

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

                2.The Inspector of Police,
                  Gingee Police Station,
                  Villupuram District.                                          ... Respondents

                PRAYER: These Criminal Original Petitions filed under Section 482 of the
                Criminal Procedure Code, praying to direct the second respondent to register
                and investigate the complaint of the petitioner dated 30.10.2021.


                                       For Petitioner    : Mr.R.Sankarasubbu
                                       For Respondents : Mr.V.Meghanathan
                                                         Government Advocate (Crl. Side)




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https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.No.6643 of 2022



                                                    ORDER

This Criminal Original Petition has been filed to direct the second

respondent to register and investigate the complaint of the petitioner dated

30.10.2021.

2. When the matter is taken up for hearing, learned Government

Advocate(Crl.side) would submit that the complaint in respect of missing of

sim card, the respondent's have not registered a case.

3. Heard the learned counsels and perused the materials available on

record.

4. 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.6643 of 2022

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.

5. In view of the above, this Criminal Original Petition is disposed

of.

31.03.2022 (2/2)

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.6643 of 2022

To

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

2.The Inspector of Police, Gingee Police Station, Villupuram District.

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.6643 of 2022

A.D.JAGADISH CHANDIRA.,J

nr/nti

Crl.O.P.No.6643 of 2022

31.03.2022

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