A.Bojiah v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :20.01.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.NO.618 OF 2021 A.Bojiah ... Petitioner vs.
The Inspector of Police, J6 - Tiruvanmiyur Police Station, Thiruvanmiyur, Chennai 600 041.
... Respondent PRAYER:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register the petitioner complaint dated 04.01.2021 and file a FIR. For Petitioner : Ms.R.Thenmozhi For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 04.01.2021 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 respondent.
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 https://hcservices.ecourts.gov.in/hcservices/
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.
4. This Criminal Original Petition is disposed of accordingly.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar jv To
1. The Inspector of Police, J6 - Tiruvanmiyur Police Station, Thiruvanmiyur, Chennai 600 041.
2. The Public Prosecutor, High Court of Madras, Chennai 600 104.
+1cc to Ms.R.Thenmozhi, Advocate, S.R.No.3153 Crl.O.P.No.618 of 2021 GSM(CO) CS/16/02/2021 https://hcservices.ecourts.gov.in/hcservices/