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Madras High CourtCRL OP/3027/2022disposed of

Pannerselvam v. Superintendent Of Police

2022-02-15Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2022

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3027 of 2022 Pannerselvam ... Petitioner Vs.

1. The Superintendent of Police, Coimbatore - 641 018.

2. The Inspector of Police, Central Crime Branch, (Commissioner Office Complex) Coimbatore-18.

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to register a FIR against the accused viz., P.Poongundram based on the petitioner's complaint dated 28.12.2021.

For Petitioner : Mr.B.Manimaran For Respondents : Mr.M.Meganathan Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent to register a FIR against the accused viz., P.Poongundram based on the petitioner's complaint dated 28.12.2021.

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 https://hcservices.ecourts.gov.in/hcservices/

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 Hon'ble Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar vri/shk To:

1. The Superintendent of Police, Coimbatore - 641 018.

2. The Inspector of Police, Central Crime Branch, (Commissioner Office Complex) Coimbatore-18.

3. The Public Prosecutor, Madras High Court.

Crl.O.P.No.3027 of 2022 MT(CO) GMY(09/03/2022) https://hcservices.ecourts.gov.in/hcservices/