Madras High CourtCRL OP/6100/2021disposed of

N.Subramani v. The State Rep By

2021-03-29Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P. No.6100 of 2021 N.Subramani .. Petitioner .vs.

1. The State Represented by Superintendent of Police, Kanchipuram District, Kanchipuram.

2. The Inspector of Police, B5, Walajabad police station, Kanchipuram District .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to register the case based on the complaint given by the petitioner dated 14.10.2020.

For Petitioner : Mr.T.N.Dhanasekaran For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent police to register the case on basis of the complaint dated 14.10.2020 given by the petitioner.

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 https://hcservices.ecourts.gov.in/hcservices/

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 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(CS III) //True Copy// Sub Assistant Registrar RKA To

1. The Superintendent of Police, Kanchipuram District, Kanchipuram.

2. The Inspector of Police, B5, Walajabad police station, Kanchipuram District

3. The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P. No.6100 of 2021 PCH(CO) TE (30/04/2021) https://hcservices.ecourts.gov.in/hcservices/