Manapuram Finance Limited v. Sop Vellore
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2022
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.2785 of 2022 M/s.Manapuram Finance Ltd., Building No.26, 1st Floor, R.C.Complex, Near Jos Alukas, Above Aircel, Katpadi Road, Thottapalayam, Vellore District Pin 632 004, Rep. by its Authorized Signatory Mr.M.Maniyarasan
...Petitioner
Vs.
1.The Superintendent of Police, Vellore District.
2.The Inspector of Police, Vaniyambadi Police Station, Vaniyambadi.
...Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to register a case on the basis of the complaint given by the petitioner dated 16.11.2021 to the respondents against the above said person named in the complaint and investigate into the matter. For Petitioner : M/s.K.Sathya For Respondents : Mr.V.Meganathan Government Advocate (crl side)
ORDER
This Criminal Original Petition has been filed to direct the respondent police to register a case on the basis of the complaint given by the petitioner dated 16.11.2021 to the respondents against the above said person named in the complaint and investigate into the matter.
2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.
3. This petition is not maintainable, in view of the Order passed by a Hon'ble 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 https://hcservices.ecourts.gov.in/hcservices/
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 petitioner to workout his remedy as per the directions issued by the Hon'ble Division Bench in the order referred supra.
4. This Criminal Original Petition is disposed of accordingly.
Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar vri/shk To:
1.The Superintendent of Police, Vellore District.
2.The Inspector of Police, Vaniyambadi Police Station, Vaniyambadi.
3.The Public Prosecutor, Madras High Court.
Crl.O.P. No.2785 of 2022 MT (CO) PR (15/03/2022) https://hcservices.ecourts.gov.in/hcservices/