The High Court held that a Criminal Original Petition under Section 482 Cr.P.C. seeking direction for FIR registration is not maintainable. Relying on Supreme Court precedents, the Court ruled that informants must exhaust alternative remedies under Sections 154(3) and 156(3) Cr.P.C. instead.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.18852 of 2021
1.K.Ravi
2.K.Jayakumar
3.P.Venkatachalam ... Petitioners
Versus
2.The Inspector of Police, Ramanathapuram Police Station, Coimbatore City. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register a case against the accused based on the complaint dated 26.07.2021, lodged by the petitioners.
For Petitioners: Mr.J.Bharathi Raja
For Respondents: Mr.R.Vinoth Raja Government Advocate (Crl.Side)
This petition has been filed to direct the respondent to register a case against the accused based on the complaint dated 26.07.2021, lodged by the petitioners.
2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) 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. 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 petitioners to workout their remedy as per the directions issued by the Division Bench in the order referred supra.
4.This Criminal Original Petition is disposed of accordingly.
Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
ah
To
1.The Commissioner of Police, Coimbatore City, Coimbatore.
2.The Inspector of Police, Ramanathapuram Police Station, Coimbatore City.
CRL.O.P.No.18852 of 2021
CP(CO) CB(01/11/2021)
1 issue framed by the court
Whether the High Court can issue directions for registration of an FIR under Section 482 Cr.P.C. in light of Supreme Court precedents limiting such jurisdiction to the alternative remedies under Secti
Colour shows how this judgement treated each authority
G. Prabhakaran v. The Superintendent of Police, ThanjavurReferred¶17
(2018) 2 LW Crl 489
M. Subramaniam v. S. JanakiDistinguished¶17
(2020) 5 CTC 464
Sakiri Vasu CaseReferred¶17
Sakiri Vasu Case
3 provisions across 1 enactments
K. Ravi and others
Commissioner of Police, Coimbatore City
Inspector of Police, Ramanathapuram Police Station
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
