Madras High CourtCRL OP/3851/2021disposed of

R.Logesh v. State Rep By

2021-02-26Honourable Mr Justice N. Anand Venkatesh2 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.3851 of 2021 R.Logesh ... Petitioner/Defacto Complainant vs.

The State Rep. By Inspector of Police, Sriperumbudur Police Station, Sriperumbudur 602 105 Kancheepuram.

... Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to register the FIR based on the complaint dated on 28.01.2021 vide CSR No.71 of 2021 of the defacto complainant.

For Petitioner : Mr.S.Balaraman For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 28.01.2021, pending on the file of the respondent Police. 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 Cr.P.C. The Hon'ble Supreme https://hcservices.ecourts.gov.in/hcservices/

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 VI) //True Copy// Sub Assistant Registrar jv To

1. The Inspector of Police, Sriperumbudur Police Station, Sriperumbudur 602 105 Kancheepuram.

2. The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1cc to Mr.S.Balaraman, Advocate Sr.11764 Crl.O.P No.3851 of 2021 sr-II[co] srg 19/03/2021 https://hcservices.ecourts.gov.in/hcservices/