Madras High CourtCRL OP/2261/2021disposed of

Pavunkumar v. State Represented By

2021-02-09Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.02.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2261 of 2021 Pavunkumar .. Petitioner Vs.

State Represented by

1. The District Superintendent of Police, District Superintendent of Police Office, Villupuram District.

2. The Inspector of Police, Avalurpet Police Station, Avalurpet, Villupuram District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to register the case, investigate the matter pertaining to the complaint of the petitioner dated 30.10.2020 given to the respondent police and to deal the said persons in according to law. For Petitioner : Ms.S.Suseela Devi For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the 2nd respondent to register the case, investigate the matter pertaining to the complaint of the petitioner dated 30.10.2020 given to the respondent police and to deal the said persons in according to law.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent police.

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 https://hcservices.ecourts.gov.in/hcservices/

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. s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssr To

1. The District Superintendent of Police, District Superintendent of Police Office, Villupuram District.

2. The Inspector of Police, Avalurpet Police Station, Avalurpet, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Ms.S.Suseela Devi, Advocate sr 7251. Crl.O.P.No.2261 of 2021 GMI(CO) SP(01/03/2021) https://hcservices.ecourts.gov.in/hcservices/