Madras High CourtCRL OP/6746/2021disposed of

M.Srinivasan v. The Inspector Of Police

2021-04-08Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.6746 of 2021 M.Srinivasan ... Petitioner

Versus

1.The Inspector of Police, Perambalur Town Police Station, Perambalur.

2.The Superintendent of Police, The Office of the Superintendent of Police, Perambalur.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent Police Perambalur Town Police Station to register a case on the complaint of the petitioner dated 12.09.2020 and investigate the same in accordance with law.

For Petitioner :

Mr.X.Selvam Sounder For Respondents:

Mr.M.Mohamed 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 12.09.2020 pending on the file of the 1st 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., 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(CCC) //True Copy// Sub Assistant Registrar dna To 1.The Inspector of Police, Perambalur Town Police Station, Perambalur.

2.The Superintendent of Police, The Office of the Superintendent of Police, Perambalur.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.6746 of 2021 PMK(CO) baf 05/05/2021 https://hcservices.ecourts.gov.in/hcservices/