Madras High CourtCRL OP/5070/2022disposed of

Sagar Babu v. The State Rep By

2022-03-07Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5070 of 2022 Sagar Babu, S/o.K.Balaiah ... Petitioner Vs.

1.The State Represented by The Deputy Commissioner of Police, Anna Nagar Circle, Anna Nagar, Chennai - 600 040.

2.The Assistant Commissioner of Police, Villivakkam, Chennai.

3.The Inspector of Police, V-4, Rajamangalam Police Station, Rajamangalam, Chennai.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the third respondent to register a case on the petitioner's complaint dated 20.11.2021 in accordance with law.

For Petitioner : Mr.P.Krishnan For Respondents: Mr.V.Meghanathan Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been filed, to direct the third respondent to register a case on the petitioner's complaint dated 20.11.2021 in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (criminal side) for the respondents 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 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 // TRUE COPY // SUB ASSISTANT REGISTRAR shk/arb To 1.The Deputy Commissioner of Police, Anna Nagar Circle, Anna Nagar, Chennai - 600 040.

2.The Assistant Commissioner of Police, Villivakkam, Chennai.

3.The Inspector of Police, V-4, Rajamangalam Police Station, Rajamangalam, Chennai.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.P.Krishnan, Advocate Sr.15357 Crl.O.P.No.5070 of 2022 nk[co] srg 18/03/2022