Krishna Singh v. The State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.4491 of 2021 Krishna Singh
...Petitioner
.Vs.
The State rep.by its Inspector of Police, Kandamangalam Police Station, Villupuram District.
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register a criminal case on the basis of the complaint of the petitioner dt.16.09.2020 in CSR No.575 of 2020 dt.18.09.2020.
For Petitioner : Mr.Krishna Singh (party in person) For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to direct the respondent to register the complaint based on the petitioner's complaint dated 16.09.2020 in CSR No.134 of 2021 dt.18.09.2020.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.
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 https://hcservices.ecourts.gov.in/hcservices/
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.
4.This Criminal Original Petition is disposed of accordingly.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar KP To 1.Inspector of Police, Kandamangalam Police Station, Villupuram District.
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.B.Krishna Singh, Party in Person, S.R.No.15044. CRL.O.P.No.4491 of 2021 SMI(CO) CSR 30.03.2021 https://hcservices.ecourts.gov.in/hcservices/