L.Elangovan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :11.02.2022 CORAM :
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3106 of 2022 L.Elangovan ...Petitioner -VsThe State Rep by, The Inspector of Police, S 15, Selaiyur Police Station, Chennai - 600 073. ...Respondent Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to direct the respondent police to register the FIR on the petitioner complaint dated 21.10.2021 in CSR.No.1281 of 2021 dated 16.12.2021. For Petitioner:Mr.K.Rajendra Prasad For Respondent:Mr.V.Meghanathan Government Advocate (Crl.Side)
O R D E R
This petition has been filed seeking direction to the respondent police to register the FIR on the petitioner complaint dated 21.10.2021 in CSR.No.1281 of 2021 dated 16.12.2021.
2.Heard the learned Counsel for the petitioner and learned Government Advocate (Crl.Side) for 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 https://hcservices.ecourts.gov.in/hcservices/
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 Division Bench in the order referred supra. 4.This Criminal Original Petition is disposed of accordingly.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR jas/rst To 1.The Inspector of Police, S 15, Selaiyur Police Station, Chennai - 600 073.
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.K.Rajendra Prasad, Advocate Sr.8862 Crl.O.P.No.3106 of 2022 sv[co] srg 25/02/2022 https://hcservices.ecourts.gov.in/hcservices/