Madras High CourtCRL OP/4615/2022disposed of

A.S.Thirunavukarasu 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.4615 of 2022 A.S.Thirunavukarasu, S/o.Sadhasivam ... Petitioner Vs The State Represented by The Inspector of Police, S-10 Pallikaranai Police Station, Chennai - 600 100.

... Respondent PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., directing the respondent police to register the FIR based on the complaint of the petitioner dated 13.02.2022 registered in CSR.No.313 of 2022 on the file of the respondent police.

For Petitioner : Mr.S.Thiruvengadam For Respondent : Mr.V.Meghanathan Government Advocate(criminal side)

ORDER

This Criminal Original Petition has been filed, to direct the respondent police to register the FIR based on the complaint of the petitioner dated 13.02.2022 registered in CSR.No.313 of 2022 on the file of the respondent police.

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, 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 https://hcservices.ecourts.gov.in/hcservices/

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(CCC) //True Copy// Sub Assistant Registrar shk/arb To

1. The Inspector of Police, S-10 Pallikaranai Police Station, Chennai - 600 100.

2. The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.Thiruvengadam, Advocate, S.R.No.13448 Crl.O.P.No.4615 of 2022 GSM[co] NSK 17/03/2022 https://hcservices.ecourts.gov.in/hcservices/