K.Manickam v. The Superintendent Of Police

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.3204 OF 2022 K.Manickam

...Petitioner

Vs.

1.The Superintendent of Police, Salem.

2.The Inspector of Police, Deevattipatti Police Station, Kadayampatti, Salem.

...Respondents

PRAYER : This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to register a FIR against the accused persons viz., Chinnathangam, Rajendiran, Mani, Periyasamy, Alagu based on his complaint dated 15.01.2022. 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 respondent to register a FIR against the accused persons viz., Chinnathangam, Rajendiran, Mani, Periyasamy, Alagu based on his complaint dated 15.01.2022.

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

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(CS-VII) // True Copy // Sub Assistant Registrar vri/shk To:

1.The Superintendent of Police, Salem.

2.The Inspector of Police, Deevattipatti Police Station, Kadayampatti, Salem.

3.The Public Prosecutor, Madras High Court.

+1cc to Mr.B.Manimaran, Advocate Sr.No.9996 Crl.O.P.No.3204 of 2022 MT(CO) RVM(16/03/2022) https://hcservices.ecourts.gov.in/hcservices/