J.Prasanna v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.03.2021
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5852 of 2021 J.Prasanna .. Petitioner Vs.
State rep.by The Inspector of Police, R-9, Valasaravakkam Police station, Valasaravakkam, Chennai.
.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police herein that is inspector of police. R-9, Valasaravakkam Police Station, Chennai to register the case pertaining to the petitione1 complaint dated 19.10.2020 in CSR. No.326 of 2020 in accordance with law.
For Petitioner : Mr.L.Christopher 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 19.10.2020, pending on the file of the respondents 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., 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. 4.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rli To
1. The Inspector of Police, R-9, Valasaravakkam Police station, Valasaravakkam, Chennai.
2. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.5852 of 2021 24.03.2021 GPL(CO) RG.27.04.2021(2P.3C) https://hcservices.ecourts.gov.in/hcservices/