Madras High CourtCRL OP/3480/2021disposed of

B.M.Karthick v. The Superintendent Of Police,

2021-02-23Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.3480 of 2021 B.M.Karthick .. Petitioner Vs.

1. The Superintendent of Police, Dharmapuri District.

Dharmapuri.

2. The Inspector of Police, District Crime Branch, Dharmapuri.

.. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the 2nd respondent to register the petitioner's complaint dated 04.12.2020 and file the FIR.

For Petitioner : Mr. M.Selvam For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents Police to register a case based on the petitioner's complaint dated 04.12.2020, pending on the file of the second 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 https://hcservices.ecourts.gov.in/hcservices/

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. 4.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli To

1. The Superintendent of Police, Dharmapuri District.

Dharmapuri.

2. The Inspector of Police, District Crime Branch, Dharmapuri.

3. The Additional Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.Selvam, Advocate Sr.No. 10783 Crl.O.P.No.3480 of 2021 PMK(CO) RMP(23/03/2021) https://hcservices.ecourts.gov.in/hcservices/