← Library
Madras High CourtCRL OP/1607/2021disposed of

Sriman Narayan v. The Inspector Of Police

2021-02-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.02.2021 Coram THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.1607 of 2021 Mr.Sriman Narayan

...Petitioner

Versus

The Inspector of Police, T 15, SRMC Police Station, Porur,Chennai - 600 116.

...Respondent

This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying to pass an order of direction directing the respondent to register a case based upon the petitioner's complaint dated 02.01.2021.

For Petitioner :

Mr.M.Madhu Prakash For Respondent :

Mr.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 02.01.2021, pending on the file of the respondent Police. 2.

Heard the learned counsel for the petitioner and the learned Government 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., https://hcservices.ecourts.gov.in/hcservices/

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. 4.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rli To 1.The Inspector of Police, T 15, SRMC Police Station, Porur, Chennai - 600 116.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.1607 of 2021 nmI[co] srg 25/02/2021 https://hcservices.ecourts.gov.in/hcservices/