Madras High CourtCRL OP/5088/2021disposed of

K.Arunachallam v. The State Rep.By

2021-03-15Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5088 of 2021 K.Arunachallam .. Petitioner Vs.

The State Rep by Inspector of Police, Barur Police Station, Krishnagiri District.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register the petitioner's complaint dated 24.02.2021 and file a FIR.

For Petitioner : Mr.A.Ilayaperumal For Respondent : Mr.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent Police to register a case based on the petitioner's Complaint dated 24.02.2021 pending on the file of the respondent Police. 2.Heard the learned counsel for the petitioner and the learned Mr.Mohamed Riyaz, 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., https://hcservices.ecourts.gov.in/hcservices/

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. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rka To 1.The State Rep by Inspector of Police, Barur Police Station, Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.A.Ilayaperumal,Advocate SR No.16428 Crl.O.P No.5088 of 2021 GMI(CO) RG.17.04.2021 https://hcservices.ecourts.gov.in/hcservices/