M.Suryanarayanan v. The State By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.1036 of 2021 M.Suryanarayanan Petitioner vs.
1. The State Rep. By its Superintendent of Police, Ariyalur District, Ariyalur 621 704
2. The Inspector of Police, Senthurai Police Station, Senthurai, Ariyalur District.
Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent Police to register the complaint on the petitioners representation dated 01.06.2018. For Petitioner : Mr.M.Palanimuthu For Respondents : Mr.Mohammed Riyaz, Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondent Police to register a case based on the petitioner complaint dated 01.06.2018 pending on the file of the respondent Police. 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 petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra.
This Criminal Original Petition is disposed of accordingly. 27.01.2021 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To
1. The State Rep. By its Superintendent of Police, Ariyalur District, Ariyalur 621 704
2. The Inspector of Police, Senthurai Police Station, Senthurai, Ariyalur District.
3. The Public Prosecutor, High Court of Madras, Madras.
N. ANAND VENKATESH, . J.
rka Crl.OP No.1036 of 2021 27.01.2021