Rathinasamy v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2022
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6226 of 2022 Rathinasamy ... Petitioner Vs.
The Commissioner of Police, Coimbatore City, Coimbatore.
... Respondent PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to register a case on the basis of petitioner's complaint dated 02.03.2022. For Petitioner : Mr.A.Sasikumar For Respondent : Mr.V.Meganathan, Government Advocate (Criminal side)
O R D E R
The Criminal Original Petition has been filed seeking for a direction to the respondent police to register a case on the basis of petitioner's complaint dated 02.03.2022.
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 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 https://hcservices.ecourts.gov.in/hcservices/
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 VII) //True Copy// Sub Assistant Registrar shk/sai To
1. The Commissioner of Police, Coimbatore City, Coimbatore.
2. The Public Prosecutor, High Court of Madras.
+1cc to Mr.A.Sasikumar, Advocate, S.R.No.19127 Crl.O.P.No.6226 of 2022 GPL[co] NSK 31/03/2022 https://hcservices.ecourts.gov.in/hcservices/