Madras High CourtCRL OP/2812/2021disposed of

Rajkumar v. State Rep.By

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.2812 of 2021 Rajkumar ... Petitioner vs.

State rep by The Inspector of Police, Sriperumbadur Police Station, Kancheepuram District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register a case based on the complaint given by the petitioner on 14.01.2021 to the respondent police. For Petitioner : Mr.A.Arunkumar For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent Police to register a case based on the petitioner complaint dated 04.01.2021 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 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 https://hcservices.ecourts.gov.in/hcservices/

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 VI) //True Copy// Sub Assistant Registrar rka To

1. The Inspector of Police, Sriperumbadur Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Arunkumar, Advocate Sr.9333 Crl.O.P No.2812 of 2021 ssi[co] srg 09/03/2021 https://hcservices.ecourts.gov.in/hcservices/