M.Subramaniam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3497 of 2022 M.Subramaniam ... Petitioner Vs.

1.The Deputy Commissioner of Police, Office of the Deputy Commissioner, Triplicane, Chennai.

2.The Inspector of Police, F-1, Chindaripet Police Station, Chennai.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., directing the respondents to register the complaint pursuant to the petitioner complaint dated 31.01.2022. For Petitioner : Mr.M.Kalaiyarasan For Respondents : Mr.V.Meganathan Government Advocate(Criminal side)

ORDER

This Criminal Original Petition has been filed, to direct the respondents to register the complaint pursuant to the petitioner complaint dated 31.01.2022.

2. Heard both sides 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 Hon'ble Supreme Court held that the informant has to necessarily https://hcservices.ecourts.gov.in/hcservices/

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-II) //True Copy// Sub Assistant Registrar arb/shk To 1.The Deputy Commissioner of Police, Office of the Deputy Commissioner, Triplicane, Chennai.

2.The Inspector of Police, F-1, Chindaripet Police Station, Chennai.

3.The Public Prosecutor, Madras High Court.

Crl.O.P.No.3497 of 2022 AJB(CO) SB(28/02/2022) https://hcservices.ecourts.gov.in/hcservices/