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Madras High CourtCRL OP/4898/2021disposed of

S.Balaji v. State Rep By

2021-03-11Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4898 of 2021 S.Balaji ... Petitioner/Defacto Complainant vs.

State By

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

2. The Inspector of Police, Maraimalainagar Police Station, Chengalpet District.

... Respondents/Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the petitioner's complaint dated 02.03.2021. For Petitioner : Mr.R.C.Manaoharan For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the second respondent Police to register a case based on the petitioner's complaint dated 02.03.2021, pending on the file of the respondent Police. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

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

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 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 jv To

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

2. The Inspector of Police, Maraimalainagar Police Station, Chengalpet District.

3. The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl.O.P No.4898 of 2021 AAB(CO) RMP(30/03/2021) https://hcservices.ecourts.gov.in/hcservices/