Dismissed

P.Prabhu v. District Superintendent of Police

Madras HC8 Oct 2021CRL OP/18301/2021

Case brief

AI extract

What is this about?

The Court dismissed a petition under Section 482 Cr.P.C. seeking direction to register an FIR. Relying on recent Supreme Court precedents, the Court held that filing a petition under Section 482 is not maintainable for this purpose and directed the petitioner to utilize remedies under Sections 154(3) and 156(3) Cr.P.C.

What did the court decide?

Petition dismissed with liberty to file under Sections 154(3) and 156(3) Cr.P.C.

P.Prabhu Vs District Superintendent of Police — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.10.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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CRL.O.P.NO.18301 OF 2021

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P.Prabhu

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 ... Petitioner

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Versus

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

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2. The Inspector of Police, Mathikonpalayam Police Station, Dharmapuri District.

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... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure, to direct the respondent to
register the case based on the petitioner's complaint dated
30.01.2021 in C.S.R.No.28/2021 and file a FIR.

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For Petitioner: Mr.M.Selvam

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For Respondents: Mr.R.Vinoth Raja,
 Government Advocate (crl.side)

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ORDER

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This petition has been filed to direct the 2nd
respondent Police to register a case based on the petitioner's
complaint dated 30.01.2021.

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2.Heard the learned counsel for the petitioner and the
learned Government Advocate (crl.side) appearing on behalf of
the respondents.

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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

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https://hcservices.ecourts.gov.in/hcservices/

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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.

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4.This Criminal Original Petition is disposed of
accordingly.

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Assistant Registrar(CS-IV)

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// True Copy //

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Sub Assistant Registrar

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mpl

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To

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

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2. The Inspector of Police, Mathikonpalayam Police Station,

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Dharmapuri District.

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3. The Public Prosecutor, High Court, Madras.

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CRL.O.P.No.18301 of 2021

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VBM(CO)
RLP(26/10/2021)

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https://hcservices.ecourts.gov.in/hcservices/

P.Prabhu v. District Superintendent of Police

Case brief

What is this about?

What did the court decide?

P.Prabhu v. District Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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