The High Court dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. seeking direction to register an FIR. Relying on Supreme Court precedents, the Court held that it cannot issue such directions and the informant must avail alternative remedies under Sections 154(3) and 156(3) Cr.P.C.
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 : 24.02.2022
CORAM:
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.4301 of 2022
S.Mariselvam ... Petitioner
Vs
1.The Commissioner of Police, Greater Chennai, Veppery, Chennai 600007.
2.The Inspector of Police (Crime) T 10, Thirumullaivoyal Police Station, Chennai 600 062. ... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register (FIR) based on the Petitioner complaint dated 08.10.2021.
For Petitioner : Mr.M.Selvadurai For Respondents : Mr.V.Meganathan Government Advocate (Crl. Side)
O R D E R
This Criminal Original Petition has been filed seeking for a direction to the 2nd respondent to register a FIR based on the Petitioner complaint dated 08.10.2021.
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 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 Hon'ble Division Bench in the order referred supra.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
shk/sai
To
Greater Chennai, Veppery,
Chennai 600007.
T 10, Thirumullaivoyal Police Station,
Chennai 600 062.
+2ccs to Mr.M.Selvadurai , Advocate, S.R.No.12678
Crl.O.P.No.4301 of 2022
RR[co] NSK 17/03/2022
2 issues framed by the court
Whether the High Court can exercise inherent jurisdiction under Section 482 Cr.P.C. to direct registration of an FIR.
Whether the petitioner must exhaust remedies under Sections 154(3) and 156(3) Cr.P.C. instead of approaching the High Court.
Colour shows how this judgement treated each authority
G. Prabhakaran v. The Superintendent of Police, ThanjavurDistinguished¶15
(2018) 2 LW Crl 489
M. Subramaniam v. S. JanakiRelied on¶15
(2020) 5 CTC 464
Sakiri Vasu's CaseReferred¶15
Sakiri Vasu's Case
3 provisions across 1 enactments
S. Mariselvam
The Commissioner of Police, Greater Chennai
The Inspector of Police (Crime)
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
