F.M.Selvaraj vs The Superintendent Of Police
2024 Latest Caselaw 21408 Mad

Madras High Court

F.M.Selvaraj vs The Superintendent Of Police on 11 November, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                             W.P.(MD)No.19121 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED:11.11.2024

                                                         CORAM

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                               W.P.(MD)No.19121 of 2023


                     F.M.Selvaraj                                                    ... Petitioner

                                                          Vs.


                     1.The Superintendent of Police,
                       Kanyakumari District, Nagercoil.

                     2.The Inspector of Police,
                       Marthandam Police Station,
                       Kanyakumari District.                            ... Respondents

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, to issue a Writ of Mandamus directing the respondents to take
                     appropriate action on the complaint of the petitioner dated 24.06.2023.


                                       For Petitioner     : Mr.C.T.Perumal

                                       For Respondents    : Mr.B.Thanga Aravindh
                                                            Government Advocate (Crl.Side)




                     1/4

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                                                                          W.P.(MD)No.19121 of 2023




                                                    ORDER

This writ petition has been filed for the issue of a writ of

mandamus directing the respondents to take appropriate action on the

complaint of the petitioner dated 24.06.2023.

2.Heard the learned counsel for the petitioner and the

learned Government Advocate appearing on behalf of the respondents.

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. In exercise of

jurisdiction under Section 482 of Cr.P.C. what cannot be achieved by

filing a petition under Section 482 of Cr.P.C. cannot be indirectly sought

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to be achieved by filing a writ petition under Article 226 of the

Constitution of India. 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.

4.This Writ Petition is disposed of accordingly.

                                                                                     11.11.2024

                     NCC          :     Yes / No
                     Index        :     Yes / No
                     Internet     :     Yes / No
                     PKN

                     To

                     1.The Superintendent of Police,

Kanyakumari District, Nagercoil.

2.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

N.ANAND VENKATESH,J.

PKN

Dated:11.11.2024

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