Madras High CourtCRL OP/1735/2021disposed of

D.Nagarajan v. The State Rep.By

2021-02-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.1735 of 2021 D.Nagarajan, S/o.C.Durai.

...Petitioner

.Vs.

The State represented by its, The Inspector of Police, S-4 Police Station, Nandambakkam, Chennai 600 089.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register the case against the accused person based on the petitioner's complaint dated 24.11.2020 within a stipulated time frame fixed by this Court.

For Petitioner : Mr.A.Suresh For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent Police to register an FIR based on the petitioner's complaint dated 24.11.2020, 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 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 https://hcservices.ecourts.gov.in/hcservices/

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.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rm To 1.The Inspector of Police, S-4 Police Station Nandambakkam, Chennai 600 089.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Suresh, Advocate Sr.6159 CRL.O.P.No.1735 of 2021 smI[co] srg 25/02/2021 https://hcservices.ecourts.gov.in/hcservices/