Madras High CourtCRL OP/2916/2021disposed of

K.J.Atchaya v. The Commissioner Of Police

2021-02-16Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.2916 of 2021

1. K.J.Atchaya

2. J.Chendhivel ... Petitioners Vs.

1. The Commissioner of Police, Office of Commissioner of Police, Vepery, Chennai - 600 007.

2. The Inspector of Police, J-7, Velacherry Police Station, Velacherry, Chennai - 600 042. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the 2nd respondent herein to register the FIR on the basis of 2nd petitioner's complaint dated 18.11.2019 and to take further legal action in accordance with law. For Petitioner : Mr.M.Srinivasan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent Police to register a case based on the petitioner complaint dated 18.11.2019 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 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 https://hcservices.ecourts.gov.in/hcservices/

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., 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. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rka To

1. The Commissioner of Police, Office of Commissioner of Police, Vepery, Chennai - 600 007.

2. The Inspector of Police, J-7, Velacherry Police Station, Velacherry, Chennai - 600 042.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2916 of 2021 kk[co] srg 10/03/2021 https://hcservices.ecourts.gov.in/hcservices/