C.Palanisamy v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.9547 OF 2022 C.Palanisamy ... Petitioner Vs.

1.

The District Superintendent of Police, O/o.The District Superintendent of Police, Krishnagiri 635 001.

2.

The Inspector of Police, Pochampalli Police Station, Pochampalli, Krishnagiri District 635 206 (Crime No. Not known) ... Respondents PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2nd Respondent to register the First Information Report on the complaint filed by the Petitioner dated 23.09.2021 and investigate the crime.

For Petitioner : Mr.M.D.Thirunavukkarasu For Respondents: Mr.V.Meganathan, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the 2nd Respondent to register the First Information Report on the complaint filed by the Petitioner dated 23.09.2021 and investigate the crime.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.

3. This petition is not maintainable, in view of the Order https://hcservices.ecourts.gov.in/hcservices/

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 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 District Superintendent of Police, O/o.The District Superintendent of Police, Krishnagiri 635 001.

2.

The Inspector of Police, Pochampalli Police Station, Pochampalli, Krishnagiri District 635 206 3.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.D.Thirunavukkarasu, Advocate, S.R.No.29454 Crl.O.P.No.9547 of 2022 SV(CO) PM/10/05/2022 https://hcservices.ecourts.gov.in/hcservices/