Dismissed

S.Muruganantham v. the Superindent of Police

Madras HC1 Feb 2021CRL OP/20198/2020

Case brief

AI extract

What is this about?

The petitioner challenged the refusal to register an FIR. The court held the petition not maintainable under Section 482 Cr.P.C., following a Division Bench order and Supreme Court judgments, directing the petitioner to avail alternative remedies under Sections 154(3) and 156(3) of Cr.P.C.

What did the court decide?

Petitioner directed to approach the police under Sections 154(3) and 156(3) of Cr.P.C.; petition dismissed.

S.Muruganantham Vs the Superindent of Police — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 01.02.2021

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CORAM

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THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

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Crl.O.P.No.20198 of 2020

S.Muruganantham

.. Petitioner

Vs.

The Superintendent of Police, Cuddalore District, Cuddalore.

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The Inspector of Police, Mangalampettai Police Station, Cuddalore District. .. Respondents

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Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to register a case on the petitioner's complaint dated 06.12.2020 and to take appropriate legal action in accordance with law and thus render justice.

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For Petitioner : Mr.P.Nagaraju For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor O R D E R

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This petition has been filed to direct the 2nd respondent to register a case on the petitioner's complaint dated 06.12.2020 and to take appropriate legal action in accordance with law

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2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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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This Criminal Original Petition is disposed of accordingly. Sd/Assistant Registrar (CS.VIII)

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/True Copy/
Sub Assistant Registrar
To
1. The Superintendent of Police,
Cuddalore District,
Cuddalore.
2. The Inspector of Police,
Mangalampettai Police Station,
Cuddalore District.
3.The Public Prosecutor,
High Court, Madras.
AKM/25.2.21 /2P-4C/
Crl.O.P.No.20198 of 2020
01.02.2021

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

S.Muruganantham v. the Superindent of Police

Case brief

What is this about?

What did the court decide?

S.Muruganantham v. the Superindent of Police

Case brief

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