R.Ramani vs State Rep. By
2023 Latest Caselaw 8555 Mad

                                                                                      Crl.OP.No.16009 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 18.07.2023

                                                            CORAM

                         THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                    Crl.O.P.No.16009 of 2023

                R.Ramani,
                S/o.Rajagopalan                                                ... Petitioner

                                                              Vs.

                State rep. by
                The Inspector of Police,
                Kilvelur Police Station,
                Nagapattinam District.                                         ... Respondent



                Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., directing
                the respondent herein to duly register an FIR in the petitioner's information
                dated 29.11.2022.


                                   For Petitioner            : Mr.A.Jotheeswaran

                                   For Respondent            : Mr.A.Damodaran
                                                               Additional Public Prosecutor

                                                             *****

                                                          ORDER

This petition has been filed to direct the respondent herein to duly register

an FIR based on the petitioner's complaint dated 29.11.2022. https://www.mhc.tn.gov.in/judis

Crl.OP.No.16009 of 2023

2. Heard the learned counsel for the petitioner and the learned Additional

Public Prosecutor appearing on behalf of the respondent.

3.This petition is not maintainable, in view of the Order passed by a

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 Division Bench in the order referred

supra.

This Criminal Original Petition is disposed of accordingly.

18.07.2023 Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm https://www.mhc.tn.gov.in/judis

Crl.OP.No.16009 of 2023

To

1.The Inspector of Police, Kilvelur Police Station, Nagapattinam District.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J.

Crl.OP.No.16009 of 2023

gm

Crl.O.P.No.16009 of 2023

18.07.2023

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