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Madras High CourtCRL OP/881/2021disposed of

K.P.Devarajan v. State Rep By,

2021-01-25Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2021

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No. 881 of 2021 K.P.Devarajan .. Petitioner Vs The State Rep. By The Inspector of Police, Kolathur Police Station, Kolathur, Salem District.

.. Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure to direct respondent to register a case on the petitioner's complaint in CSR No.224 of 2020 and to proceed with the investigation according to law. For Petitioner :Mr.M.P.Rajavelayutham For Respondent :Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct respondent to register a case on the petitioner's complaint in CSR No.224 of 2020 and to proceed with the investigation according to law. 2.Heard the learned counsel for the petitioner and the learned Government Advocate 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 https://hcservices.ecourts.gov.in/hcservices/ Page numbers

issued by the Division Bench in the order referred supra. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ssr To 1.The Inspector of Police, Kolathur Police Station, Kolathur, Salem District.

2.The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.Doraisamy, Advocate SR.3911 Crl.O.P.No. 881 of 2021 SSI(CO) CB(22/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers