K.Ravi @ Sanmugasundaram v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:17.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.5975 OF 2022 K.Ravi @ Sanmugasundaram ... Petitioner Vs

1. The Superintendent of Police, Chengalpattu District, Chengalpattu.

2. The Inspector of Police, Thirukazhukundram Police Station, Chengalpattu District.

... Respondents Prayer:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent police to register the case against one T.V.Subramanian, Raji and his Associates and his relatives based on the complaint dated 28.02.2022 and investigate the same in accordance with law.

For Petitioner : Mr.S.Satheeshkumar For Respondents : Mr.V.Meganathan, Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent police to register the case against one T.V.Subramanian, Raji and his Associates and his relatives based on the complaint dated 28.02.2022 and investigate the same in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (criminal side) 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's 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 Superintendent of Police, Chengalpattu District, Chengalpattu.

2. The Inspector of Police, Thirukazhukundran Police Station, Chengalpattu District.

3. The Public Prosecutor, Madras High Court, Madras.

Crl.O.P.No.5975 of 2022 MT(CO) PM/31/03/2022 https://hcservices.ecourts.gov.in/hcservices/