The Madras High Court held that a Criminal Original Petition filed under Section 482 Cr.P.C. to direct police registration of an FIR is not maintainable in light of Supreme Court rulings, mandating the petitioner to utilize alternative statutory remedies.
No direction to register FIR or conduct investigation was granted.
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 : 22.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.OP.No.7548 of 2021
K.Kaliapan
... Petitioner
Versus
1.The Superintendent of Police, Erode District, Erode.
2.The Inspector of Police, North Police Station, Erode. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction, directing the second respondent to register an FIR and investigate on basis of the petitioner complaint dated 31.08.2020 given to the first respondent and consequently, further direct to conduct investigation by some independent agency.
For Petitioner : Mr.UM.Ravichandran For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor ORDER
This petition has been filed to direct the respondents to register the petitioner complaint dated 31.08.2020 and file an FIR.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 https://hcservices.ecourts.gov.in/hcservices/ petitioner to workout his 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
//True Copy//
Sub Assistant Registrar
mbi
To
1.The Superintendent of Police,
Erode District, Erode.
2.The Inspector of Police,
North Police Station, Erode.
3.The Public Prosecutor,
Madras High Court,
Chennai.
+1cc to Mr.G.Jaisivaramaraj, Advocate, S.R.No. 24940
Crl.OP.No.7548 of 2021
KJ(CO)
GN(07/07/2021)
2 issues framed by the court
Whether the High Court can issue a direction for registration of an FIR under Section 482 of Cr.P.C.
Whether the informant should avail of alternative remedies under Sections 154(3) and 156(3) of Cr.P.C.
Colour shows how this judgement treated each authority
G.Prabhakaran v. The Superintendent of Police, ThanjavurDistinguished¶14
G.Prabhakaran v. The Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489
M. Subramaniam v. S. JanakiRelied on¶14
M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464
Sakiri Vasu CaseReferred¶14
Sakiri Vasu Case
3 provisions across 1 enactments
K.Kaliapan
The Superintendent of Police, Erode District
The Inspector of Police, North Police Station, Erode
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
