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M. Subramaniam and Another v. S. Janaki and Another

Criminal Appeal · 2020 INSC 323Decided 20 Mar 2020
Criminal Appeal No. 102 of 2011
Justice N.V. Ramana · Justice Mohan M. Shantanagoudar · Justice Sanjiv Khanna

Background

The first respondent, a trustee of an educational trust, filed a complaint against the appellants (the trust's Chairman and Vice-Chairman), and the Madras High Court (Madurai Bench) directed the police to register an FIR and investigate, even though the appellants were not made parties to that proceeding. The appellants, who had earlier obtained a stay of that order from the Supreme Court, challenged it, while noting that the police had registered an FIR anyway in apparent disregard of the stay (though that FIR was later closed by the High Court pending the outcome here).

Decision Breakdown

The Supreme Court held that while it could not accept the appellants' argument that the complainant had no standing to complain, the High Court was wrong to directly order FIR registration and investigation under its writ jurisdiction. Relying on its earlier ruling in Sakiri Vasu, the Court reiterated that the correct remedy for someone seeking registration or proper investigation of a complaint is to approach a Magistrate under Section 156(3) CrPC, not to seek a writ. The Court set aside the High Court's direction, while clarifying the complainant remained free to pursue the complaint through proper channels and that a civil dispute should not be given the colour of a criminal case; the appeal was partly allowed.

Lesson Learnt

If police fail to register or properly investigate a complaint, the law provides a specific remedy, approaching a Magistrate under Section 156(3) CrPC, rather than seeking a High Court writ directing the police to act.

Official source (sci.gov.in)View Judgment (PDF)

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