Madras High CourtCRL OP/4611/2022disposed of

Sam Rajee Samuel v. State Rep By

2022-03-01Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.4611 OF 2022 Sam Rejee Samuel, S/o.Late I.Samuel ... Petitioner Vs.

The State Represented by The Inspector of Police, J1 Saidapet Police Station, Chennai.

... Respondent PRAYER:

This Criminal Original Petition filed under Section 482 Cr.P.C., direct the respondent to register the petitioner's complaint dated 04.02.2022 under Sections 294(b), 506(ii) and investigate into the matter.

For Petitioner : Mr.D.Gopinathan For Respondent : Mr.V.Meghanathan Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been filed, to direct the respondent to register the petitioner's complaint dated 04.02.2022 under Sections 294(b), 506(ii) and investigate into the matter.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (criminal side) for the respondent 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, https://hcservices.ecourts.gov.in/hcservices/

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 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 shk/arb To

1. The Inspector of Police, J1 Saidapet Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.4611 of 2022 MT(CO) PM/22/03/2022 https://hcservices.ecourts.gov.in/hcservices/