Madras High CourtCRL OP/1147/2021disposed of

M.P.Kandhasamy v. The Superintendent Of Police

2021-01-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.1147 of 2021 M.P.Kandhasamy Petitioner vs.

1. The Superintendent of Police, Salem District, Nethimedu, Salem.

2. The Sub Inspector of Police, Nangavalli Police Station, Salem District.

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent Police to register the FIR on the petitioner complaint dated 24.08.2020 to the respondent police and investigate the same in accordance with law. For Petitioner : Mr.R.Bala Guruswamy For Respondents : Mr.Mohammed Riyaz, Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent Police to register a case based on the petitioner complaint dated 24.08.2020 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 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. 27.01.2021 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To

1. The Superintendent of Police, Salem District, Nethimedu, Salem.

2. The Sub Inspector of Police, Nangavalli Police Station, Salem District.

3. The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH, . J.

rka Crl.OP No.1147 of 2021 27.01.2021