M/S.Manapuram Finance Ltd vs The Superintendent Of Police on 14 February, 2022

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Madras High Court

M/S.Manapuram Finance Ltd vs The Superintendent Of Police on 14 February, 2022

Bench: A.D.Jagadish Chandira

                                                          1

                                  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. https://www.mhc.tn.gov.in/judis 2

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 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.

14.02.2022 vri/shk https://www.mhc.tn.gov.in/judis 3 To:

1. The Superintendent of Police, Vellore District.

2.The Inspector of Police, Vaniyambadi Police Station, Vaniyambadi.

3. The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA,J.

https://www.mhc.tn.gov.in/judis 4 VRI/SHK Crl.O.P. No.2785 of 2022 14.02.2022 https://www.mhc.tn.gov.in/judis

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