Thara v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2022
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7814 of 2022 Thara ... Petitioner Vs.
The Inspector of Police, V6, Kolathur Police Station, Chennai.
... Respondent PRAYER: The Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the second respondent to register the complaint of the Petitioner dated 16.12.2021 For Petitioner : Mr.B.Gopalakrishnan For Respondents: 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 second respondent to register the complaint of the Petitioner dated 16.12.2021
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 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 https://hcservices.ecourts.gov.in/hcservices/
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-IV) //True Copy// Sub Assistant Registrar shk/sai To 1.The Inspector of Police, V6, Kolathur Police Station, Chennai.
2.The Public Prosecutor, High Court of Madras.
+1cc to Mr.B.Gopalakrishnan, Advocate, S.R.No.23890 Crl.O.P.No.7814 of 2022 NR(CO) SB(19/04/2022) https://hcservices.ecourts.gov.in/hcservices/