M.Jothi v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.2857 of 2021 M.Jothi ... Petitioner vs.
The State represented by the The Sub-Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District.
... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to register the FIR based on the complaint dated 23.12.2020.
For Petitioner : M/s.J.Pavithra For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor
ORDER
This petition has been filed to direct the 2nd respondent Police to register a case based on the petitioner complaint dated 23.12.2020 pending on the file of the respondent Police.
2.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.
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 https://hcservices.ecourts.gov.in/hcservices/
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. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rka To 1.The Sub-Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District.
2. The Public Prosecutor, High Court, Madras.
+1cc to M/s.J.Pavithra, Advocate Sr.9484 Crl.O.P No.2857 of 2021 ssi[co] srg 09/03/2021 https://hcservices.ecourts.gov.in/hcservices/