E.P.Arulvel v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2022 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3096 of 2022 Mr.E.P.Arulvel ... Petitioner Vs.
State represented by The Inspector of Police, Bhavani Police Station, Bhavani, Erode District - 638 301.
... Respondent PRAYER: The Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, pleased to direct the respondent to register the complaint letter dated 07.01.2022 according to law. For Petitioner: Mr.S.Ezhilraj For Respondent: Mr.V.Meghanathan Government Advocate (Crl. Side)
O R D E R
The Criminal Original Petition has been filed to direct the respondent to register the complaint letter dated 07.01.2022 according to law.
2. Heard the learned counsel 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 https://hcservices.ecourts.gov.in/hcservices/
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(CS-III) // True Copy // Sub Assistant Registrar rgi/ham To
1. The Inspector of Police, Bhavani Police Station, Bhavani, Erode District - 638 301.
2. The Public Prosecutor, High Court of Madras.
Crl.O.P.No.3096 of 2022 PCH(CO) CB(07/03/2022) https://hcservices.ecourts.gov.in/hcservices/