Madras High CourtCRL OP/3375/2021disposed of

V.Ganesh v. The Superintendent Of Police

2021-02-26Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.3375 of 2021 V.Ganesh ... Petitioner Vs.

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, Virudhachalam Police Station, Cuddalore District ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to directing the respondents on the petitioner's complaint dated 23.07.2018 based on order passed by the learned Judicial Magistrate No.I in C.M.P.No.491 of 2020 dated 02.11.2020 and investigate the same and file a final report within a stipulated time.

For Petitioner : Mr.S.Saravana Kumar For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondents Police to register a case based on the petitioner's complaint dated 23.07.2018 pending on the file of the 2nd 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 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. 26.02.2021 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No rka To

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, Virudhachalam Police Station, Cuddalore District 3.The Public Prosecutor, Madras High Court, Chennai.

N.ANAND VENKATESH,J.

rka Crl.O.P.No.3375 of 2021 26.02.2021