Madras High CourtCRL OP/5519/2021disposed of

Alavudeen v. State Rep By

2021-03-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.03.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5519 of 2021 Alavudeen .. Petitioner Vs.

State of Tamil Nadu rep., by The Sub-Inspector of Police, J7 Velachery Police Station, Chennai-42.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent Police to register an FIR on the basis of the Petitioner's complaint dated 21.02.2021 and further direct the respondent police to investigate it in accordance with law.

For Petitioner : Mr.J.Nagarajan For Respondent : 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 21.02.2021, 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 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 https://hcservices.ecourts.gov.in/hcservices/

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 Sub-Inspector of Police, J7 Velachery Police Station, Chennai-42.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.5519 of 2021 PM(CO) 19/04/2021 https://hcservices.ecourts.gov.in/hcservices/