Madras High CourtCRL OP/4738/2022disposed of

K.N.K.Senjeraja v. The Inspector Of Police

2022-03-01Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4738 of 2022 K.N.K.Senjeraja, S/o.Kannan ... Petitioner Vs.

The Inspector of Police, Gingee Police Station, Gingee, Villupuram.

... Respondent PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., directing the respondent to take action in accordance with law by duly registering the petitioner's information dated 12.08.2018 as an FIR.

For Petitioner :

Mr.K.N.K.Senjeraja, Party-in-Person For Respondent :

Mr.V.Meghanathan Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been filed, to direct the respondent to take action in accordance with law by duly registering the petitioner's information dated 12.08.2018 as an FIR.

2. Heard the Party-in-person and the learned Government Advocate (criminal side) for the respondent and perused the materials available on record.

3. This petition is not maintainable, in view of the Order passed by a Hon'ble 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 Hon'ble Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar shk/arb To

1. The Inspector of Police, Gingee Police Station, Gingee, Villupuram.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.4738 of 2022 MT(CO) SU(23/03/2022) https://hcservices.ecourts.gov.in/hcservices/