M.Balakrishnan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.NO.2900 OF 2021 M.Balakrishnan ... Petitioner vs.

1. The State of Tamil Nadu, rep. by The Inspector of Police, J-1, Saidapet Police Station, Saidapet, Chennai - 600 015.

2. The Commissioner of Police, Chennai City, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents herein to take further action in the complaint on the petitioner dated 10.10.2020.

For Petitioner : Mr.G.Sugadev Rajaguru For Respondents: Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the 1st respondent Police to register a case based on the petitioner complaint dated 10.10.2020 pending on the file of the 1st respondent Police.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

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

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 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(CCC) //True Copy// Sub Assistant Registrar rka To

1. The Inspector of Police, J-1, Saidapet Police Station, Saidapet, Chennai - 600 015.

2. The Commissioner of Police, Chennai City, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2900 of 2021 KK(CO) CS/10/03/2021 https://hcservices.ecourts.gov.in/hcservices/