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Madras High CourtCRL OP/2788/2022closed

Thanishka Kathiresan v. The State Rep By

2022-02-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.2788 OF 2022 Thanishka Kathiresan

...Petitioner

-VsThe State represented by, Inspector of Police, J-7, Velachery Police Station, Velachery Main Road, Chennai - 42.

..Respondent Prayer :

Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to direct the respondent to register a case on the petitioner's complaint dated 21.12.2021. For Petitioner :

Mr.A.Saravanan For Respondent :

Mr.V.Meghanathan Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking direction to the respondent to register a case on the petitioner's complaint dated 21.12.2021.

2.

Heard the learned Counsel for the petitioner and learned Government Advocate (Crl.Side) for 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 //True Copy// Sub Assistant Registrar jas/vkr To

1. The Inspector of Police, J-7, Velachery Police Station, Velachery Main Road, Chennai - 42.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Saravanan, Advocate, S.R.No.8869 Crl.O.P.No.2788 of 2022 CP(CO) PM/22/02/2022 https://hcservices.ecourts.gov.in/hcservices/