Shaji Das v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3445 OF 2022 Shaji Das ... Petitioner .Vs.

1. The Commissioner of Police, No.62, Old Post Office, Opposite to Collector Office, Coimbatore - 641 018.

2. The State Represented by The Inspector of Police, C-14, Kuniyamuthur Police Station, Coimbatore - 641 008.

3. Abdul Rauf M.V

4. Sherin

5. Rahul Ram

6. Sharvesh Babu ... Respondents PRAYER:- This Criminal Original Petition filed under Section 482 Cr.P.C., directing the respondent police viz., the Inspector of Police, C-14, Kuniyamuthur Police Station, Coimbatore - 641 008 to register the complaint given by them on 31.10.2021 & 24.12.2021.

For Petitioner :

Ms.S.Rajapriya Venkatraman For Respondents : Mr.V.Meghanathan For R1 & R2 Government Advocate (Criminal side)

ORDER

This Criminal Original Petition has been filed, to direct the respondent police viz., the Inspector of Police, C-14, Kunyamuthur Police Station, Coimbatore-641 008 to register the complaint given by them on 31.10.2021 & 24.12.2021.

2. Heard both sides and perused the materials available on record.

3. This petition is not maintainable, in view of the Order passed by a Hon'ble 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 Hon'ble Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar shk/arb To 1.

The Commissioner of Police, No.62, Old Post Office, Opposite to Collector Office, Coimbatore - 641 018.

2.

The Inspector of Police, C-14, Kuniyamuthur Police Station, Coimbatore - 641 008.

3.

The Public Prosecutor, Madras High Court.

CRL.O.P.NO.3445 OF 2022 PMK(CO) PBS/07/03/2022