Madras High CourtCRL OP/2010/2021disposed of

Suresh v. Station House Officer,

2021-02-08Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.02.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2010 of 2021 Suresh ... Petitioner Vs.

The Station House Officer, Thalaivasal Police Station, Salem District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue necessary direction to the respondent Police to register a FIR, in accordance with law, by considering the complaint lodged by the petitioner dated 06.12.2020 and vide CSR No.560/20 dated 06.12.2020. For Petitioner : Mr.K.Shakespeare For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 06.12.2020, 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 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(CS IX) //True Copy// Sub Assistant Registrar rli To

1. The Station House Officer, Thalaivasal Police Station, Salem District.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/s.K.Shakespeare, Advocate Sr.6607 Crl.O.P.No.2010 of 2021 rp[co] srg 01/07/2021 https://hcservices.ecourts.gov.in/hcservices/