← Library
Madras High CourtCRL OP/804/2021disposed of

N.K.Kumar v. State By,

2021-01-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.01.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.804 of 2021 N.K.Kumar .. Petitioner Vs.

State rep. by The Inspector of Police, Law and Order, J5, Shastri Nagar Police station, Chennai.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to register the complaint submitted by the petitioner dated 07.01.2021. For Petitioner : Mr.P.Elanchezhian For Respondent : Mr.C.Raghavan Govt. Advocate (Crl.side)

O R D E R

This petition has been filed to direct the respondents Police to register a case based on the petitioner's complaint dated 07.01.2021, pending on the file of the respondent Police. 2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) 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 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. https://hcservices.ecourts.gov.in/hcservices/

4.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Law and Order, J5, Shastri Nagar Police station, Chennai.

2. The Public Prosecutor, High Court, Madras.

AKM/11.02.21 /2P-3C/ Crl.O.P.No.804 of 2021 22.01.2021 https://hcservices.ecourts.gov.in/hcservices/