Madras High CourtCRL OP/3401/2022ordered

J.Gopalan v. Deputy Commissioner Of Police

2022-02-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2022

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3401 OF 2022 J.Gopalan ... Petitioner Vs.

1. Deputy Commissioner of Police, Adyar Police Station, Chennai - 600 020.

2. State represented by Sub-Inspector of Police, Neelangarai Police Station, Chennai-15.

..Respondents PRAYER:

This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to register the petitioner complaint dated 07.08.2018 and vide CSR No.607 of 2018 and file a First Information Report.

For Petitioner : Mr.S.Sadasharam For Respondents : Mr.V.Meganathan Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent to register the petitioner complaint dated 07.08.2018 and vide CSR No.607 of 2018 and file a First Information Report.

2. Heard the learned counsel 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 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 Hon'ble Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vri/shk To:

1. Deputy Commissioner of Police, Adyar Police Station, Chennai - 600 020.

2. State represented by Sub-Inspector of Police, Neelangarai Police Station, Chennai-15.

3. The Public Prosecutor, Madras High Court.

+1cc to Mr.S.Sadasharam, Advocate, S.R.No.9806 Crl.O.P.No.3401 of 2022 PL(CO) PM/02/03/2022 https://hcservices.ecourts.gov.in/hcservices/