Madras High CourtCRL OP/1862/2021disposed of

R.Senthilkumar v. The Commissioner Of Police

2021-02-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.1862 of 2021 R.Senthilkumar ... Petitioner vs.

1. The Commissioner of Police, Greater Chennai Police, Commissioner Office Building, E.V.K.Sampath Road, Vepery, Chennai.

2. The Inspector of Police, S-7 Madipakkam Police Station, Madipakkam, Chennai.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the FIR based on the petitioner online complaint Reference No.ECR20136648 dated 12.11.2020.

For Petitioner : Mr.S.Suresh For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the second respondent Police to register the FIR based on the petitioner's complaint Reference No.ECR20136648 dated 12.11.2020, pending on the file of the second respondent Police.

2.Heard the learned counsel appearing 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 https://hcservices.ecourts.gov.in/hcservices/

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.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Greater Chennai Police, Commissioner Office Building, E.V.K.Sampath Road, Vepery, Chennai.

2. The Inspector of Police, S-7 Madipakkam Police Station, Madipakkam, Chennai.

3. The Public Prosecutor, High Court of Madras, Chennai 600 104.

AKM/25.02.21/ 2P-4C/ Crl.O.P No.1862 of 2021 05.02.2021 https://hcservices.ecourts.gov.in/hcservices/