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Madras High CourtCRL OP/5222/2022disposed of

S.Pandiyarajan v. The Sub Inspector Of Plice

2022-03-08Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.5222 OF 2022 S.Pandiyarajan ... Petitioner Vs.

The State Rep by The Sub Inspector of Police, Sevvapet Police Station, Sevvapet, Thiruvallur District.

...Respondent

PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to register the complaint dated 09.06.2021 given by the Petitioner in CSR.No.356/2021 dated 09.06.2021 on the file of the Respondent Police.

For Petitioner :Mr.M.P.Saravanan For Respondent :Mr.V.Meganathan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent police to register the complaint dated 09.06.2021 given by the Petitioner in CSR.No.356/2021 dated 09.06.2021 on the file of the Respondent Police.

2. Heard the both sides 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 https://hcservices.ecourts.gov.in/hcservices/

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(CS III) //True Copy// Sub Assistant Registrar shk/sai To 1.

The Sub Inspector of Police, Sevvapet Police Station, Sevvapet, Thiruvallur District.

2.

The Public Prosecutor, High Court of Madras.

Crl.O.P.No.5222 of 2022 NRL(CO) PM/18/03/2022 https://hcservices.ecourts.gov.in/hcservices/