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Madras High CourtCRL OP/4115/2021disposed of

S.Dharmalingam v. The Superintendent Of Police

2021-03-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.03.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.4115 of 2021 S.Dharmalingam .. Petitioner Vs.

1. The Superintendent of Police, Coimbatore.

2. The Sub Inspector of Police, KG Chavadi Police Station, Coimbatore.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, directing the respondent Police to register the complaint of the petitioner dated 18.02.2021. For Petitioner : Mr.K.S.Karthik Raja For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 18.02.2021, pending on the file of the first respondent Police.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

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

by the Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar rli To

1. The Superintendent of Police, Coimbatore.

2. The Sub Inspector of Police, KG Chavadi Police Station, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.S.Karthik Raja, Advocate, S.R.No. 13538 Crl.O.P.No.4115 of 2021 GPL(CO) GN(26/03/2021) https://hcservices.ecourts.gov.in/hcservices/