Madras High CourtCRL OP/5157/2021disposed of

E.Subbaiah v. Commissioner Of Police,

2021-03-16Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.03.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5157 of 2021 E.Subbaiah .. Petitioner Vs.

1. The Commissioner of Police, (Cyber Crime Wing) Greater Chennai, Chennai-7.

2. The State Rep. by The Inspector of Police, S-15, Selaiyur Police Station, Chennai-600 073 .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents so as to register the petitioner's complaint dated 19.11.2020 vide CSR No.992 of 2020 and to take further action.

For Petitioner : Mr.S.Parisutham 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 19.11.2020 vide CSR No.992 of 2020, pending on the file of the first respondent Police.

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

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 by the Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar RLI To

1. The Commissioner of Police, (Cyber Crime Wing) Greater Chennai, Chennai-7.

2. The Inspector of Police, S-15, Selaiyur Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Parisutham, Advocate, S.R.No.16519 Crl.O.P.No.5157 of 2021 GSM TE (17/04/2021) https://hcservices.ecourts.gov.in/hcservices/